Root v. Martin
South Dakota Supreme Court
Appeal from Circuit Court, Brule County. Hon. Frank B. Smith, Judge. Action -by C. F. Root, against William Martin, for cancellation of a deed to realty and the record thereof. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
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Appeal from Circuit Court, Brule County. Hon. Frank B. Smith, Judge. Action -by C. F. Root, against William Martin, for cancellation of a deed to realty and the record thereof. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (i) To point one of the opinion, Appellant cited: 16 Cyc. 579, and cases cited: Thornhill v. O'lson, (N. D.) 15.3 N. W. 442; F. R. A. N. S. 191-6 A, 493 and cases in.note; Sharp v. Kilborn, (Or.), 130 Pac. 735; Fund v. Thackery, 18 S. D. 113, 99 -N. W. 856; H-ulsether v. Peters, (S. D.), 167 N. W. 497.
1Opinion of the Court
W'HÍTING, J.
Plaintiff executed a deed to a tract of land. This deed did not have the name of any grantee inserted therein. An agent of plaintiff afterwards wrote in the name of defendant as grantee and placed the deed of record. This action was brought to have such deed and the record thereof held for naught and canceled upon the ground that such agent had no authority to write, the name 'of defendant into such -deed as grantee and no authority to deliver such deed. Findings, conclusions, an-d judgment were for plaintiff. From the judgment and an order denying a new trial this appeal was…
2Cases cited1 opinion
- Sharp v. KilbornOregon Supreme Court · 1913
3Cited by1 opinion
- Clancey v. EmpeySouth Dakota Supreme Court · 1929