Goldberg v. Kidd
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. Chas. M. Thomas, Judge. Action in ejectment. Plaintiff had judgment, and defendant appeals. The facts are fully stated in the opinion. The deed in question is one of plain remise, release and quit-claim, and defendent was in possession and so notified plaintiff. Plaintiff can therefore claim no standing as an innocent purchaser.
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Appeal from circuit court, Lawrence county. Hon. Chas. M. Thomas, Judge. Action in ejectment. Plaintiff had judgment, and defendant appeals. The facts are fully stated in the opinion. The deed in question is one of plain remise, release and quit-claim, and defendent was in possession and so notified plaintiff. Plaintiff can therefore claim no standing as an innocent purchaser. May v. LeClaire, 11 Wallace, 217; Dodge v. Briggs, 27 Fed. 161; Hastings v. Nissen, 31 Fed. 597; Waller-ton v. Snow, 15 Fed. 403. Upon the point that the court committed error in permitting the introduction of the deed…
1Opinion of the CourtKellam, J.
The questions in this case will be as well understood from a brief statement of the salient facts as by a reproduction of the pleadings; Plaintiff (respondent here) brought the action in ejectment to recover possession of a lot in the city *174of Deadwood adversely held by appellant. A part of the town-site of Deadwood, including this lot, was entered by the county judge of Lawrence county, under the congressional townsite act (Sections 2380 et seq., Rev. St. U. S. 1878), in the month of June, 1878; but on account of adverse mineral claims, the entry was suspended until March, 1882, when, so far…
2Cases cited13 opinions
- Stark v. StarrsSupreme Court of the United States · 1868
- Cornelius v. KesselSupreme Court of the United States · 1888
- Groesbeck v. SeeleyMichigan Supreme Court · 1865
- Chase v. . PeckNew York Court of Appeals · 1860
- Barney v. DolphSupreme Court of the United States · 1878
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3Cited by7 opinions
- Kenny v. McKenzieSouth Dakota Supreme Court · 1910
- Richardson v. CarrSupreme Court of Oklahoma · 1917
- Scully v. SquierIdaho Supreme Court · 1907
- Smith v. LoveSupreme Court of Florida · 1905
- Gorder v. HilliboeNorth Dakota Supreme Court · 1908
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