Johnson v. Brauch
South Dakota Supreme Court
Appeal from circuit court, Yankton county. Hon. F. R. Aikens, Judge. Action to quiet title to certain land. From a judgment for defendants, plaintiffs appeal. The facts are stated in the opinion.
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Appeal from circuit court, Yankton county. Hon. F. R. Aikens, Judge. Action to quiet title to certain land. From a judgment for defendants, plaintiffs appeal. The facts are stated in the opinion. The father having made a warranty deed, such conveyance carried with it the interest by him inherited, it being an after-acquired title, and such after-acquired title inured to the benefit of his grantee. 1 Devlin on Deeds, § 721; 1 Jones on Mortgages (4th Ed.), § 679. Under onr statute, real estate passes eo instanti to the heir upon death of the ancestor. Territory ex rel. Hall v. Bramble, 2 Dak.…
1Opinion of the CourtPuller, J.
This action, to quiet the title to certain real property, was tried to the court without a jury, and from the decree, based upon findings of fact and conclusions of law adverse to the claim of plaintiffs, and adjudging the defendants to be indefeasible owners of a two-thirds interest in the property, and from an order overruling a motion for a new trial, plaintiffs appeal. The title asserted by appellants Charles A. and Adelbert P. Johnson, is evidenced by a warranty deed, dated February 26, 1890, executed and delivered to them by their co-appellant, Edward R. Houlton, who is the grantee…
2Cases cited17 opinions
- Wilkinson v. LelandSupreme Court of the United States · 1829
- Brenham v. StoryCalifornia Supreme Court · 1870
- Flaniken v. NealTexas Supreme Court · 1887
- Carpenter v. . CarpenterNew York Court of Appeals · 1892
- Albright v. AlbrightWisconsin Supreme Court · 1888
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3Cited by8 opinions
- Stevahn v. MeidingerNorth Dakota Supreme Court · 1952
- Bliss v. TidrickSouth Dakota Supreme Court · 1910
- Molina v. RamirezArizona Supreme Court · 1914
- Brooks v. ButlerSupreme Court of Oklahoma · 1939
- Bosworth v. HagertySouth Dakota Supreme Court · 1959
3 more not listed; retrieve them via the Exa API.