Gruba v. Chapman
South Dakota Supreme Court
Appeal from Circuit Court, Perkins County. Hon. Cray Carpenter, Judge. Action by Eva Gruba against G. P. Chapman and others, to quiet title. From a judgment for defendants, and from an order denying a new trial, plaintiff appeals. (i) Under point one of the opinion, Appellant cited: Civ. Code, Secs, io, 15, 16; Beach on Modern Law of Contracts, Sec. 1345; Fonda v. VanHorne, 15 Wend. (N. Y.) 631; S. D. Civil Code, Secs. 330 and 337; 26 Am. & Eng.
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Appeal from Circuit Court, Perkins County. Hon. Cray Carpenter, Judge. Action by Eva Gruba against G. P. Chapman and others, to quiet title. From a judgment for defendants, and from an order denying a new trial, plaintiff appeals. (i) Under point one of the opinion, Appellant cited: Civ. Code, Secs, io, 15, 16; Beach on Modern Law of Contracts, Sec. 1345; Fonda v. VanHorne, 15 Wend. (N. Y.) 631; S. D. Civil Code, Secs. 330 and 337; 26 Am. & Eng. Enc. of L-, (2d Ed.) 618; State ex rel Quarries Co. v. Duis, 17 N. D. 319; Sanfoid v. King, 19 S. D. 334 339; Hastings v. Dolleride, 24 Cal. 195;…
1Dissent
McCOY, P. J., and WHITING, J.
(dissenting). We are of the view that the judgment should be affirmed. The plaintiff has had her day in court to show equity in her favor. We apprehend that if the trial court, upon the findings -of fact now before this court on appeal, had based the judgment in favor of defendants upon the conclusion of law that plaintiff had not shown equity, none of us would be in favor of reversal. Instead of basing the judgment upon the -proper legal -conclusion, the trial court based *127the same upon an untenable ground. In Shelby v. Bowden, 16 S. D. 531, 94 N. W. 416, this…
2Cases cited6 opinions
- Davis v. JacobsonNorth Dakota Supreme Court · 1904
- Sargent v. KindredNorth Dakota Supreme Court · 1895
- Shelby v. BowdenSouth Dakota Supreme Court · 1903
- Tobin v. McKinneySouth Dakota Supreme Court · 1900
- Thompson v. RobertsSouth Dakota Supreme Court · 1902
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