Campbell v. Equitable Loan & Trust Co.
South Dakota Supreme Court
Appeal from circuit court, Day county. Hon, J. H. McCoy, Judge. Action by John Campbell against the Equitable Loan & Trust Company of Volga. From an order denying a motion for a new trial, plaintiff appeals. Statutes regulating the procedure of the Courts, where no vested rights are involved, will be construed as applicable to causes of action already accrued.
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Appeal from circuit court, Day county. Hon, J. H. McCoy, Judge. Action by John Campbell against the Equitable Loan & Trust Company of Volga. From an order denying a motion for a new trial, plaintiff appeals. Statutes regulating the procedure of the Courts, where no vested rights are involved, will be construed as applicable to causes of action already accrued. Black on Intr. of L., 265; Judkins v. Taffe 27 P„ 221, 222; Judd v. Judd 84 N. W., 134, 136; People v. Spicer, 99 N. Y., 225, 233; Tompkins v. Forrestal, 55 N. W., 813; Osborne v. Lindstrom 81 N. W-, 72; Town of Guilford v. Cooley, 58…
1Opinion of the CourtFuller, J.
This appeal is from an order overruling a motion for a new trial in an action instituted October 4, 1899, by appellant, in his own name, to determine adverse claims to five distinct tracts of real property situated in Day county. Appellant relies wholly upon a conveyance to himself obtained from the general owner of the property at a time when respondent was in actual adverse possession under certain tax deeds and sections 3303 and 4870 of the Compiled Laws were in full force. While appellant’s deed passed all the right, title, and interest'of his grantor, it was an absolutely void…
2Cases cited4 opinions
- Tilton v. SwiftSupreme Court of Iowa · 1874
- State v. ClerkinSupreme Court of Connecticut · 1889
- Osborne v. . AndersonSupreme Court of North Carolina · 1883
- Frum v. WeaverSouth Dakota Supreme Court · 1900
3Cited by2 opinions
- Brown v. HallSouth Dakota Supreme Court · 1913
- Burke v. ScharfNorth Dakota Supreme Court · 1909