Rosekrans v. Wagner
South Dakota Supreme Court
Action by Eaura E. Rosekrans against James A. Wagner, to determine adverse claims to land. From a judgment for plaintiff and an order denying a new .trial, defendant appeals. The point we make is this, The action commenced in 1903, wherein the plaintiff set up the same cause of action and rested his claim on the same conveyance under which -this defendant is now claiming is a bar to this action.
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Action by Eaura E. Rosekrans against James A. Wagner, to determine adverse claims to land. From a judgment for plaintiff and an order denying a new .trial, defendant appeals. The point we make is this, The action commenced in 1903, wherein the plaintiff set up the same cause of action and rested his claim on the same conveyance under which -this defendant is now claiming is a bar to this action. Before that action was tried this defendant was ■ allowed to come in “as the real party in interest” and did come in under the same tax deed that is now sought to be set aside; -the case was tried on…
1Opinion of the CourtHaney, J.
This is an action to determine adverse claims to a quarter section of land in Hyde county; the plaintiff alleging she is the owner in fee and entitled to possession as grantee of the original patentee, Jasper E. King.
*186The defendant -alleges in his answer “that he is the owner in fee simple of the premises described in the plaintiff’s complaint, and was so ad-judged and decreed in an action in the circuit court within and for the county of Hyde, S-. D., wherein this defendant was the assignee of the plaintiff, Olin Grindall, therein, in the action entitled 'Olin Grindall v. Jasper F. King,’…
2Cases cited1 opinion
- Cooke v. McQuatersSouth Dakota Supreme Court · 1905