Quinn v. Quinn
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action to set aside certain conveyances to realty and to decree plaintifl’s right to an interest therein. A demurrer to the complaint was overruled, and defendant appeals. The facts are stated in the opinion.
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Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action to set aside certain conveyances to realty and to decree plaintifl’s right to an interest therein. A demurrer to the complaint was overruled, and defendant appeals. The facts are stated in the opinion. The only theory of the complaint upon which a recovery is sought seems to be that the plaintiff by reason of being adopted as a child and heir of Quinn, acquired some vested right in his property which would prevent the said Quinn of disposing of it by gift, and thus lessen the amount of plaintiff’s inheritance.…
1Opinion of the CourtCorson, P. J.
The complaint in this action is very lengthy, and we shall only attempt to give the substance, except as to two paragraphs, which we deem specially important. In October, 1868, the plaintiff, being a little over nine years of age, was adopted by Hollis S. Quinn, the husband of the defendant, by virtue of statutory proceedings, in the state of Illinois; the plaintiff's mother, then a widow, consenting thereto. •It is alleged in the complaint: That Quinn -was desirous of adopting the plaintiff as a child of his own, and making him one of his heirs at law, and bestowing upon him all the rights,…
2Cases cited7 opinions
- Wallace v. LongIndiana Supreme Court · 1886
- Sharkey v. McDermottSupreme Court of Missouri · 1887
- Carmichael v. CarmichaelMichigan Supreme Court · 1888
- Sutton v. HaydenSupreme Court of Missouri · 1876
- Wright v. WrightMichigan Supreme Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Chehak v. BattlesSupreme Court of Iowa · 1907
- Bedal v. JohnsonIdaho Supreme Court · 1923
- Calhoun v. BryantSouth Dakota Supreme Court · 1911
- Stewart v. SmithCalifornia Court of Appeal · 1907
- Crilly v. MorrisSouth Dakota Supreme Court · 1945
18 more not listed; retrieve them via the Exa API.