Legal Opinion

Smith v. Cleaver

South Dakota Supreme Court

Decided April 26, 1910PublishedCited by 15 opinions

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

  1. National State Bank v. Sandford Fork & Tool Co.Indiana Supreme Court · 1901
  2. Mckenna v. WhittakerSouth Dakota Supreme Court · 1896
  3. Hopkins v. JoyceWisconsin Supreme Court · 1891
  4. Roblin v. PalmerSouth Dakota Supreme Court · 1896
  5. 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

  1. Wallahan v. WallahanSouth Dakota Supreme Court · 1979
  2. Rodgers v. JohnCourt of Appeals of Maryland · 1917
  3. Lusby v. First National BankCourt of Appeals of Maryland · 1971
  4. Oesterling v. OesterlingSouth Dakota Supreme Court · 1984
  5. Kelly v. GramSouth Dakota Supreme Court · 1949

10 more not listed; retrieve them via the Exa API.

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