Schmidt v. Musson
South Dakota Supreme Court
Appeal from Circuit Court, McCook County. Hon. Joseph W. Jones, Judge. Action by H. D. Schmidt against Sarah Musson and others. From a judgment for defendants, plaintiff appeals. To constitute delivery of a deed it is not sufficient that there be a mere delivery of its possession, but this act must be accompanied with the intent that the deed should become operative as such. Kenney v. Parks, 70 Pac. 557; 2 Boome Real Property, § 295a.
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Appeal from Circuit Court, McCook County. Hon. Joseph W. Jones, Judge. Action by H. D. Schmidt against Sarah Musson and others. From a judgment for defendants, plaintiff appeals. To constitute delivery of a deed it is not sufficient that there be a mere delivery of its possession, but this act must be accompanied with the intent that the deed should become operative as such. Kenney v. Parks, 70 Pac. 557; 2 Boome Real Property, § 295a. Black v. Sharkey, 37 Pac. 939; Denis v. Velati, 31 Pac. 1; Harris v. Harris, 59 Cal. 622. Where a deed is delivered as an escrow nothing passes by the deed,…
1Opinion of the CourtCorson, J.
This action is brought by the plaintiff to quiet title to a certain quarter section of land in Hanson county and to. ■cancel of record a certain deed purporting to be executed by the plaintiff to one Thomas E. Musson, deceased. Findings and judgment being in favor of the defendants, the plaintiff has appealed.
The defendant Sarah Musson is the widow of Thomas F. Mus-son, deceased, and the other defendants therein named, except the Iowa Loan & Trust Company, are children and legatees of the deceased. The Iowa Loan & Trust Company claims an interest in said property by virtue of a mortgage…
2Cases cited25 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Russell v. PlaceSupreme Court of the United States · 1877
- Burlen v. ShannonMassachusetts Supreme Judicial Court · 1868
- Wheelwright v. WheelwrightMassachusetts Supreme Judicial Court · 1807
- Stanton v. . MillerNew York Court of Appeals · 1874
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3Cited by6 opinions
- Wandler v. LewisSouth Dakota Supreme Court · 1997
- Thornhill v. OlsonNorth Dakota Supreme Court · 1915
- Spotts v. WhitakerCourt of Appeals of Texas · 1913
- Boswell v. PannellCourt of Appeals of Texas · 1912
- Bechtel v. Dakota National BankSouth Dakota Supreme Court · 1915
1 more not listed; retrieve them via the Exa API.