Ballou v. Carter
South Dakota Supreme Court
Appeal from Cirucit Court, Kingsbury County. ITon. Alva E. Taylor, Judge. Action by Elvira B. G. Ballou .against W. B. Carter and others, to quiet title to. land; defendant counterclaiming for specific performance under a contract of sale. From a judgment for plaintiff, and from an order denying- a new trial, defendant appeals.
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Appeal from Cirucit Court, Kingsbury County. ITon. Alva E. Taylor, Judge. Action by Elvira B. G. Ballou .against W. B. Carter and others, to quiet title to. land; defendant counterclaiming for specific performance under a contract of sale. From a judgment for plaintiff, and from an order denying- a new trial, defendant appeals. In Johnson v. Dodge, 17 Ill. 433, it is said that authority from an owner of land to a general land agent to sell the land in question included the usual and necessary means to make a binding-contract of sale in the name of the principal. To the same effect, is Vanda…
1Opinion of the CourtCorson, J.
This is an appeal by the -defendant F. M. Smith from a judgment entered in favor -of -the plaintiff and from the order denying a new trial. The action was instituted by the *16plaintiff to quiet title to a quarter section of land in Kingsbury County, under the provisions of chapter 194, Session Laws of 1903, as amended by chapter 81, Session Laws of 1905, and is in the usual form. The answer of the -appellant F. 'M. Smith,’ admits that the plaintiff, i's the record owner in fee simple of the land in controversy; admits that the plaintiff is, and has been at all times mentioned in the compalint,…
2Cases cited3 opinions
- Lund v. ThackerySouth Dakota Supreme Court · 1904
- Dal v. FischerSouth Dakota Supreme Court · 1906
- Lichty v. DaggettSouth Dakota Supreme Court · 1909
3Cited by7 opinions
- Brugman v. CharlsonNorth Dakota Supreme Court · 1919
- Ericson v. EbsenSouth Dakota Supreme Court · 1927
- Lewis v. JonesSouth Dakota Supreme Court · 1920
- Collins v. KaresSouth Dakota Supreme Court · 1923
- Schoniger v. LoganSouth Dakota Supreme Court · 1920
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