Thomas v. Mettel
South Dakota Supreme Court
Appeal from Circuit 'Court, Aurora County. Hon. Frank B. Smith, Judge. Action 'by Harley Thomas, against Peter D. Mettel, for recovery of possession of realty and to quiet title thereto. From a judgment for plaintiff, and from an order denying a.new trial,defendant appeals. (3) To point three of the opinion, Appellant cited: Stock-Growers’ Bank v. Newton, 22 Pac. 444; Harland v. Bankers’ & M. Teleg.
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Appeal from Circuit 'Court, Aurora County. Hon. Frank B. Smith, Judge. Action 'by Harley Thomas, against Peter D. Mettel, for recovery of possession of realty and to quiet title thereto. From a judgment for plaintiff, and from an order denying a.new trial,defendant appeals. (3) To point three of the opinion, Appellant cited: Stock-Growers’ Bank v. Newton, 22 Pac. 444; Harland v. Bankers’ & M. Teleg. Co. 32 Fed. 305, Whitehead v. Entwhistel, 27 Fed. 778. Respondent cited: B)'rne v. McKeachie, 29 6. D. 476; Casey v. Smith, 36 S. D. 36; Burleigh v. Hecht, 22 S. D. 301.
1Opinion of the CourtMcCOY, J.
Plaintiff, claiming to ¡be the owner in fee of the southwest quarter of section 29, township 104, north of range 65, in Aurora county, brought this action for the recovery of the possession of said premises from defendant,-to determine the adverse claims of the defendant, to have adjudged that the claim of defendant thereto is inferior and' invalid as against the title of plaintiff, and that defendant and all persons claiming under him be forever enjoined and restrained from thereafter claiming or asserting any right, title, or -interest in or to said lands adverse to plaintiff. The defendant…
2Cases cited3 opinions
- Byrne v. McKeachieSouth Dakota Supreme Court · 1912
- Mason v. BraughtSouth Dakota Supreme Court · 1914
- Neumeyer v. PalmerSouth Dakota Supreme Court · 1917
3Cited by11 opinions
- Anderson v. WhippleIdaho Supreme Court · 1951
- Nizielski v. TvinnereimSouth Dakota Supreme Court · 1990
- Skoglund v. StaabSouth Dakota Supreme Court · 1981
- Harlan v. SparksCourt of Appeals for the Tenth Circuit · 1942
- Fox v. BurdenSouth Dakota Supreme Court · 1999
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