State v. Mellette

This is an action to determine adverse claims to certain real property located in Codington county. Plaintiff alleges that it owns and is entitled to possession of the premises, but that the defendant is in possession under claim of title. Defendant admits being in possession, denies plaintiff’s ownership, alleges ownership in herself, and avers that the state is estopped from claiming any interest in the premises by reason of the passage of a certain joint resolution by the legislature in 1897. The evidence discloses: That defendant, who then owned the property, conveyed the same, her…