Lyon v. Plankinton Bank
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by William H. Lyon against the Plankinton Bank and another. From a judgment for defendants, plaintiff appeals.
1Concurrence
Fuller, J-
While concurring with my associates in the view that the judgment appealed from cannot be sustained for the reasons specified by Judge Haney, I desire to mention another point fatal, in any event, to the claim of respondent, and which appears to render a new trial wholly unnecessary. In the quitclaim deed upon which the assignee of the Plankinton bank wholly relied at the *407trial to establish his allegation of fee-simple ownership, the premises are described as being situated in the county of Minnehaha and state of Minnesota; but the court erroneously permitted counsel for respondent…
2Cases cited14 opinions
- Brown v. PiperSupreme Court of the United States · 1875
- Clark v. . BairdNew York Court of Appeals · 1853
- McLouth v. HurtTexas Supreme Court · 1879
- Elofrson v. LindsayWisconsin Supreme Court · 1895
- Muldoon v. . DelineNew York Court of Appeals · 1892
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