Clark v. Darlington
South Dakota Supreme Court
Appeal from circuit court, Edmunds county. Hon, A. W, Campbell, Judge. Action to quiet title. A demurrer to the complaint was overruled, and defendant appeals. The facts are stated in the opinion. A lien, or contract for a lien, transfers no title to the property subject to the lien.
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Appeal from circuit court, Edmunds county. Hon, A. W, Campbell, Judge. Action to quiet title. A demurrer to the complaint was overruled, and defendant appeals. The facts are stated in the opinion. A lien, or contract for a lien, transfers no title to the property subject to the lien. Everett v. Buchanan, 2 Dak. 264; Minnesota v. Webb, 10 Minn. 59; Meighen v. Strong, 6 Minn. 177. Erroneous or illegal assessments of a municipal corporation may be reviewed by the courts on certiorari, and set aside. Haywood v. City, 14 N. Y. 534; Hartman v. Reed, 50 Cal. 485. A tax deed based upon an assessment…
1Opinion of the CourtKellam, J.
This is an appeal from an order of the circuit court of Edmunds county overruling a demurrer to the complaint. Respondent brought the action to quiet the title to certain real estate in the complaint described. It is alleged: First* that plaintiff “is the absolute and unqualified ower in fee simple” of the land described; and, second, that the defendant “wrongfully and without right claims an interest in said land by virtue of an alleged purchase thereof at tax sale; that said claim is unjust and wrongful, and without any foundation in fact or law; that said claim is made adversely to said…
2Cases cited10 opinions
- Ely v. New Mexico & Arizona RailroadSupreme Court of the United States · 1889
- Bidwell v. WebbSupreme Court of Minnesota · 1865
- Kittle v. BellegardeCalifornia Supreme Court · 1890
- Jeffersonville, Madison & Indianapolis R. R. v. OylerIndiana Supreme Court · 1878
- Scorpion Silver Mining Co. v. MarsanoNevada Supreme Court · 1875
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3Cited by17 opinions
- Ziska v. AveySupreme Court of Oklahoma · 1912
- Ormsby v. OttmanCourt of Appeals for the Eighth Circuit · 1898
- Moran v. ThomasSouth Dakota Supreme Court · 1905
- Beezley v. City of AstoriaOregon Supreme Court · 1928
- Brace v. Van EpsSouth Dakota Supreme Court · 1899
12 more not listed; retrieve them via the Exa API.