Legal Opinion

Churchill & Alden Co. v. Ramsey

South Dakota Supreme Court

Decided June 3, 1919No. File No. 4451PublishedCited by 5 opinions

Appeal from Circuit Court, Minnehaha 'County. Hon. Joseph W. Jones, Judge. •Action by Churchill & Alden Company, a corporation, against W. H. Ramsey and Ella B. Ramsey, to set aside and cancel a deed to realty. -From a judgment for plaintiff, and from an order denying a new trial, defendants appeal.

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Appeal from Circuit Court, Minnehaha 'County. Hon. Joseph W. Jones, Judge. •Action by Churchill & Alden Company, a corporation, against W. H. Ramsey and Ella B. Ramsey, to set aside and cancel a deed to realty. -From a judgment for plaintiff, and from an order denying a new trial, defendants appeal. (1) To point one of the opinion, Appellants cited: Clark v. Evans, 6 S. D. 244; 60 N. W. 862; Kreuger v. Dodge, 15 S*. D’. 159; 87 N. W/965; Aldous v. Olverson, 17 S. D. 19°; 95 N. W. 917; Niland et al v. Kalish, 55 N. W. 295; Lang-forth v. Issenhuth, (S. D.) 134 N. W. 889. (2) To point two,…

1Opinion of the CourtPolley, J.

This action was brought to set aside and cancel a deed, executed by the defendant W. H. Ramsey, purporting to convey to defendant Ella B. Ramsey the title to two building lots in the city of 'Sioux Falls. Defendants are husband and wife. The court made findings of fact to the effect that the conveyance was fraudulent, and entered judgment canceling and annulling said deed.

The defendants, contending that the evidence is insufficient to support the finding’s of fact, appeal to this court.

[1] At the trial, the plaintiff called both of the defendants to the stand for cross-examination under the…

2Cited by5 opinions

  1. Churchill & Alden Co. v. RamseySouth Dakota Supreme Court · 1922
  2. Horn v. HurwitzSupreme Court of Colorado · 1925
  3. Churchill & Alden Co. v. RamseySouth Dakota Supreme Court · 1925
  4. Jacobsen v. AndrewsSouth Dakota Supreme Court · 1922
  5. Schoenman Bros. v. LofferSouth Dakota Supreme Court · 1920

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