Wood v. Conrad
South Dakota Supreme Court
Appeal from circuit court, Pennington county. Hon. Chas. M. Thomas, Judge. Action to recover the possession of certain real estate; damages for withholding same and for rents and profits. Defendant answered denying generally, and setting up counter-claim. From the judgment entered in the trial court both parties appeal. The facts are fully stated in the opinion.
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Appeal from circuit court, Pennington county. Hon. Chas. M. Thomas, Judge. Action to recover the possession of certain real estate; damages for withholding same and for rents and profits. Defendant answered denying generally, and setting up counter-claim. From the judgment entered in the trial court both parties appeal. The facts are fully stated in the opinion. The title and right of possession of real property sold at execution sale, remains in the judgment debtor until the sale is consumated by sheriff’s deed. Comp. Laws, §§ 5148, 5154, 5159 and 5160; Whipple v. Farrer, 3 Mich. 444;…
1Opinion of the CourtBennett, J.
This was an action brought by plaintiff against the defendant to recover the possession of lots 5 and 6, block 102, in the old town site of Rapid City, Pennington county, S. D. The admitted and established facts are as follows: About July 8, 1881, the tiile to the property in dispute passed from the United States to John W, Nolin, in trust, as provided by. town site law; and about December 9th of the same year said Nowlin, as such trustee, conveyed the same to John E. Cyr, of the firm of Cyr & Volin. On the 9th day of February, 1884, Henry G. Hall, Herbert S. Hall, and Everett E. Hall,…
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