Flickinger v. Cornwell
South Dakota Supreme Court
Appeal from Circuit Court, Faulk County. ITon. Loi-u-ng E. Garry, Judge. - • Action by Lewis D. Flickinger against I. A. Cornwell and another. From a judgment for defendants, plaintiff appeals. ■Where property is affected or the title is to be divested by the requirement of a special statute the requirements of the act must be strictly followed. The performance of these acts is. the condition on which the property is to be diverted.
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Appeal from Circuit Court, Faulk County. ITon. Loi-u-ng E. Garry, Judge. - • Action by Lewis D. Flickinger against I. A. Cornwell and another. From a judgment for defendants, plaintiff appeals. ■Where property is affected or the title is to be divested by the requirement of a special statute the requirements of the act must be strictly followed. The performance of these acts is. the condition on which the property is to be diverted. And it is not for the court to inquire whether the provisions of the statute are reasonable or whether the compliance of them may not be dispensed with without…
1Opinion of the CourtCorson, J.
This action was instituted by the plaintiff to quiet his title to a quarter section of land in Faulk county. The complaint is in the usual form, alleging that the plaintiff is the' owner in fee of the property, that the defendants wrongfully claim an interest therein, and prays that his title may be quieted. The defendants in their answer deny that plaintiff is the owner in fee of the property in controversy, and allege that they are the owners of the same (1.) by virtue of a tax deed issued by the county treasurer of Faulk county under the provisions of the general revenue law for taxes…
2Cases cited14 opinions
- Wilson v. McKennaIllinois Supreme Court · 1869
- English v. WilliamsonSupreme Court of Kansas · 1885
- Landregan v. PeppinCalifornia Supreme Court · 1890
- Benefield v. AlbertIllinois Supreme Court · 1890
- State ex rel. Kipp v. NordSupreme Court of Minnesota · 1898
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3Cited by2 opinions
- Cullen v. Western Mortgage & Warranty Title Co.Montana Supreme Court · 1913
- Sandys v. RobinsonSouth Dakota Supreme Court · 1910