Smith v. Cleaver
South Dakota Supreme Court
Appeal from Circuit Court, Beadle County. Hon. Chas. S. Whiting, Judge. , Action by Jennie E. Smith against John A. Cleaver and others. From a judgment for plaintiff and an order denying a new trial, defendants appeal. A concealed deed, and witholding instruments from record is a fraud.
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Appeal from Circuit Court, Beadle County. Hon. Chas. S. Whiting, Judge. , Action by Jennie E. Smith against John A. Cleaver and others. From a judgment for plaintiff and an order denying a new trial, defendants appeal. A concealed deed, and witholding instruments from record is a fraud. Lyon v. Plankinton Bank et al, 15 S. D. 400; Ellis et al. v. Musselman et al., 85 N. W. 75; National State Bank v. Sanford Fork and Tool Co., 60 N. E. 699; Steele et al. v. Coon et ai., 43 N. W. 411; Blennerhassett v. Sherman, 105 U. S. 1080; Cor-wine v. Thompson National Bank, 105 Fed. 196; Stock Growers Bank…
1Opinion of the CourtSmitpi, J.
This is an appeal from a judgment for plaintiff and from an order overruling defendant’s motion for a new trial. The action is on the equity side of the court; the plaintiff seeking relief against the defendants Cleaver and Lapier and one Chas. E. Young, as sheriff of Beadle county. Plaintiff seeks to enjoin the sale of a certain quarter section of land under an execution issued upon a judgment in favor of Cleaver and Lapie'ggainst F. M. Smith, her husband. The action was tried by the court, who made findings of fact and conclusions of law, and entered a judgment awarding plaintiff the relief…
2Cases cited12 opinions
- National State Bank v. Sandford Fork & Tool Co.Indiana Supreme Court · 1901
- Mckenna v. WhittakerSouth Dakota Supreme Court · 1896
- Hopkins v. JoyceWisconsin Supreme Court · 1891
- Roblin v. PalmerSouth Dakota Supreme Court · 1896
- Gull River Lumber Co. v. School District No. 39North Dakota Supreme Court · 1890
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Wallahan v. WallahanSouth Dakota Supreme Court · 1979
- Rodgers v. JohnCourt of Appeals of Maryland · 1917
- Lusby v. First National BankCourt of Appeals of Maryland · 1971
- Oesterling v. OesterlingSouth Dakota Supreme Court · 1984
- Kelly v. GramSouth Dakota Supreme Court · 1949
10 more not listed; retrieve them via the Exa API.