Zerfing v. Seelig
South Dakota Supreme Court
Appeal from circuit court, Lawrence county, Hon. Joseph B. Moore, Judge. This case was first decided by this court in an opinion reported in 12 S. D-. 25, 8o N. W. 140, in which opinion the decision of the trial court, in fayor of plaintiff, was affirmed. A rehearing was subsequently granted. This opinion is upon the rehearing.
1Opinion of the CourtCorso.n, J.
This. case comes before us on rehearing. The opinion in the former case is reported in 12 S. D. 25, 80 N. W. 140. Upon the argument upon rehearing the learned counsel for the defendants insist that the court erred in holding that the burden of proof in the action upon the covenant of .seisin is upon the covenantee, and not upon the covenantor, and that the true rule is as held by *305the supreme court of Wisconsin, in Mecklem v. Blake, 16 Wis. 102, and by the supreme court of Iowa in Schofield v. Homestead Co., 32 Iowa, 321. This court, however, in its decision, followed the cases of Ingalls v.…
2Cases cited6 opinions
- Woolley v. . NewcombeNew York Court of Appeals · 1882
- Ingalls v. EatonMichigan Supreme Court · 1872
- Abbott v. AllenNew York Supreme Court · 1817
- Schofield v. Iowa Homestead Co.Supreme Court of Iowa · 1871
- Mecklem v. BlakeWisconsin Supreme Court · 1862
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3Cited by1 opinion
- Abbot v. PeterUtah Supreme Court · 1943