Walkin v. Nokken
South Dakota Supreme Court
Action by John YValkin, against E. O. Nokken, for specific performance of a -contract for conveyance of realty. Erom an order overruling the demurrer to tire complaint, defendant appeals.
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Action by John YValkin, against E. O. Nokken, for specific performance of a -contract for conveyance of realty. Erom an order overruling the demurrer to tire complaint, defendant appeals. (1) T01 point one of the opinion, Appellant cited: Maupin on Marketable Titles, 193; George v. Conhim, 38 Minn. 338, 37 N. W. 791. . (2) To point two1 of the opinion, Appellant cited: Kennedy v. Hazelton, 128 U. S. 667, 32 L. Bel. 576; Maupin on Marketable Title, Secs. 193, 281, 6; Day v. Cole, 56 Mich. 294; Cooper v. Pena, 21 Gal. 403; Civ. Code, Sec. 2340. Respondent cited: Weitzel v. Leyson, (S. D.) 121…
1Opinion of the CourtSmith, J.
Action for specific performance of a contract for conveyance of real estate. The contract is identical in all material parts with one construed by this court in Weitzel v. Deyson, 23 S. D. 367, 121 N. W. 868. The appeal is from an order overruling a demurrer to the complaint. The contract is made a part of the complaint. The complaint alleges:
“2. That the said land was not, at the date of said contract, the property of the plaintiff, but that he contemplated procuring •the same as was then, well known to the defendant, for the purpose of carrying out the terms of the said contract on his…
2Cases cited3 opinions
- Weitzel v. LeysonSouth Dakota Supreme Court · 1909
- Sogn v. KoetzleSouth Dakota Supreme Court · 1916
- Dunlap v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1913
3Cited by3 opinions
- Jacobson v. Mutual Benefit Health & Accident Ass'nNorth Dakota Supreme Court · 1943
- Marso v. HeckSouth Dakota Supreme Court · 1926
- Nance v. SextonMissouri Court of Appeals · 1918