Brace v. Van Eps
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by George H. Brace and another against William Van Bps, to settle adverse claims to realty. From a judgment in iavor of plaintiffs, defendant appeals.
1Opinion of the CourtCorson, P. J.
This is an action brought under the provisions of Section 5-119, Comp. Laws, which reads as follows: ‘‘An action may be brought by any person against any other who claims an estate or interest in real property adverse to him, for the purpose of determining such adverse claim.”
The plaintiffs allege in their complaint that they are the owner's and in exclusive possession of certain lots in the city of Sioux Falls, constituting the property generally known as the “Commercial House”; that the plaintiffs are the owners in fee, and have been for many years past, of the said premises; that the…
2Cases cited3 opinions
- Clark v. DarlingtonSouth Dakota Supreme Court · 1895
- Haggarty v. StrongSouth Dakota Supreme Court · 1898
- Illstad v. AndersonNorth Dakota Supreme Court · 1891
3Cited by12 opinions
- Lewis v. CurnuttSupreme Court of Iowa · 1906
- Seim v. KrauseSouth Dakota Supreme Court · 1900
- Rogers v. Gladiator Gold Min. & Mill. Co.South Dakota Supreme Court · 1907
- Greder v. StahlSouth Dakota Supreme Court · 1908
- Wilcox v. HubbellMichigan Supreme Court · 1917
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