Seymour v. Cleveland
South Dakota Supreme Court
Appeal from circuit court, Grant county. Hon. J. O. Andrews, Judge. Ejectment by Julius H. Seymour against Hannah P. Cleveland and another,, in which defendants set up a counterclaim for improvements. From a judgment in favor of plaintiff for possession and in favor of defendants on their counterclaim, plaintiff appeals. The facts are stated in the opinion. Defendants were neither holding under color of 'title, nor adversely to the claim of plaintiff.
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Appeal from circuit court, Grant county. Hon. J. O. Andrews, Judge. Ejectment by Julius H. Seymour against Hannah P. Cleveland and another,, in which defendants set up a counterclaim for improvements. From a judgment in favor of plaintiff for possession and in favor of defendants on their counterclaim, plaintiff appeals. The facts are stated in the opinion. Defendants were neither holding under color of 'title, nor adversely to the claim of plaintiff. Wood v. Conrad, 2 S. D. 834, 50 N. W. 95, Black’s Law Diet., 33 Cal. 668; 1 Am. & Eng. Ency. of Law, 225, 277-78-79. Having full knowledge of…
1Opinion of the CourtCorson, P. J.
This was an action to recover possession of a town lot in Milbank. The defendants claimed the right to recover by way of counterclaim for improvements made upon the premises while in possession of the same under a contract of purchase. Plaintiff recovered judgment for the possession, and the defendants recovered on their counterclaim for their improvements. Prom the part of the judgment in favor of the defendants the plaintiff appeals.
It is alleged in the complaint that the defendants entered into possession of the premises claimed under a contract or bond for a deed executed by the parties,…
2Cases cited9 opinions
- Wiseman v. . LucksingerNew York Court of Appeals · 1881
- Wright v. MattisonSupreme Court of the United States · 1856
- Cronkhite v. . CronkhiteNew York Court of Appeals · 1884
- In Re the Department of Public Parks to Acquire Title to LandsNew York Court of Appeals · 1878
- Burnett v. CaldwellSupreme Court of the United States · 1870
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Parker v. VinsonSouth Dakota Supreme Court · 1899
- Hawkins v. RodgersOregon Supreme Court · 1919
- McKenzie v. GussnerNorth Dakota Supreme Court · 1911
- Bosworth v. HagertySouth Dakota Supreme Court · 1959
- Coleman v. StalnackeSouth Dakota Supreme Court · 1901
2 more not listed; retrieve them via the Exa API.