Chapman v. Greene
South Dakota Supreme Court
Appeal from circuit cburt, Pennington county; Hon. Levi McGee, Judge. Action in claim and delivery by Nellie H. Chapman against Daniel W. Greene and S. Josie Hill.
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Appeal from circuit cburt, Pennington county; Hon. Levi McGee, Judge. Action in claim and delivery by Nellie H. Chapman against Daniel W. Greene and S. Josie Hill. Prom a judgment for defendant Hill, plaintiff appeals. . The rights of innocent third parties do not depend upon the actual title or authority of the party with whom they deal directly, but are derived from the act of the real owner, which precludes him from disputing, as against them, the -existence of the title or power which through negligence or mistaken confidence, he caused or allowed to appear to be vested in the party…
1Opinion of the CourtCorson, P. J.
This is an action in claim and delivery to recover the possession of certain live stock alleged to be in the possession of the defendants. Findings and judgment being in favor of the defendant S. Josie Hill, the plaintiff has appealed to this court.
In 189i one Doty and the defendant Greene were' in possession of a ranch, irrigating ditch, and certain live stock in Pennington county. In March, 1896, Doty conveyed h'is interest in the real property to one David Hill, the husband of the respondent, and the defendant Greene. On March 16, 1896, a contract was entered into between the said Hill,…
2Cases cited2 opinions
- McPherson v. JuliusSouth Dakota Supreme Court · 1903
- Wallace v. Singer Manufacturing Co.South Dakota Supreme Court · 1899
3Cited by3 opinions
- Ekern v. EricksonSouth Dakota Supreme Court · 1916
- Chapman v. GreeneSouth Dakota Supreme Court · 1911
- State v. CoughranSouth Dakota Supreme Court · 1905