Brown v. Ede
South Dakota Supreme Court
Appeal from Circuit Court, Bea'dle County. Hon. Arva E. Tayror, Judge. Action by Frank M. Brown, against Ernest ¡D. Ede,, M. D. Whisman, as administrator With, the will- annexed to Ernest D. Ede, deceased, and others, to quiet title to realty. From a judgment quieting title in defendant McPherson,- plaintiff appeals.
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Appeal from Circuit Court, Bea'dle County. Hon. Arva E. Tayror, Judge. Action by Frank M. Brown, against Ernest ¡D. Ede,, M. D. Whisman, as administrator With, the will- annexed to Ernest D. Ede, deceased, and others, to quiet title to realty. From a judgment quieting title in defendant McPherson,- plaintiff appeals. (3) To point three of the opinion, in re effect of. the judgment against Sutphen, Respondents cited: Freeman- on Executions, Sec. 336; 2 Black on Judgments, Secs. 446, 549, 587; Dickerson v. Colgrove, 100 U. S. 578, 25 L. Ed. 618; Jones v. Jones, 20 S. D. 639.
1Opinion of the CourtSmith, J.
Plaintiff who is appellant here brought an action in the circuit -court of Beadle county to quiet title to a quarter section of land in that county. Defendants, among other things, pleaded facts by way of counterclaim-, and demanded that title be quieted in defendant McPherson. The trial -court made findings and conclusions, and entered! a judgment quieting title in McPherson. Plaintiff appeals, assigning errors in the reception and rejection of evidence, alleging insufficiency of the evidence to sustain the findings, conclusions, and judgment, and error in overruling appellant’s motion for,…
2Cases cited1 opinion
- Shutz v. TidrickSouth Dakota Supreme Court · 1910
3Cited by2 opinions
- Bucholz v. HinzmanSouth Dakota Supreme Court · 1921
- Stotts v. SwallowSouth Dakota Supreme Court · 1944