Legal Opinion

St. Paul, M. & M. Railway Co. v. Howard

South Dakota Supreme Court

Decided February 10, 1909PublishedCited by 2 opinions

Appeal from Circuit Court, Brown County. Hon. James H. McCoy, Judge. Action by the St. Paul, Minneapolis & Manitoba Railway Company against N. J. Howard and others. From a judgment for defendants, plaintiff appeals.

1Opinion of the CourtWhiting, J.

This cause is in this court on an appeal from the judgment of thé circuit court in favor of the defendants and from the order denying a new trial. The plaintiff 'seeks to have the title to certain lots in the city of Aberdeen quieted in it, and the defendant, the respondent herein, claims fee-simple title to the same lots, and asks to h,ave her title quieted. No question of pleading or as to the admission of evidence arises in this case.

The undisputed facts show that the plaintiff derived a fee-simple title to these lots from the prior owner or owners thereof, and held such title during the…

2Cited by2 opinions

  1. Hedger v. Aberdeen, B. & N. W. Ry. Co.South Dakota Supreme Court · 1910
  2. Wilhelm v. JohnsonSouth Dakota Supreme Court · 1948

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