Bliss v. Waterbury
South Dakota Supreme Court
Appeal from Circuit Court, Jerauld County. Hon. Frank B. Smith, Judge. Action by C. J. Bliss against W. E. Waterbury, in the nature ■of ejectment, to. recover possession of realty. From a judgment for plaintiff, and from an -order denying a new trial) defendant appeals. The -court erred in sustaining the plaintiff’s- objection to the following question asked the witness Frances Mount.
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Appeal from Circuit Court, Jerauld County. Hon. Frank B. Smith, Judge. Action by C. J. Bliss against W. E. Waterbury, in the nature ■of ejectment, to. recover possession of realty. From a judgment for plaintiff, and from an -order denying a new trial) defendant appeals. The -court erred in sustaining the plaintiff’s- objection to the following question asked the witness Frances Mount. Q. Was there anything -said at that time by your father in reference to this -paper?. In view of the fact that the instrument referred to was lost, it -was -proper to. show all the facts and circumstances…
1Opinion of the CourtMcCOY, J.
Action to recover possession of real property in the. nature of ejectment. Verdict and judgment for .plaintiff, and defendant appeals. It appears from the records that one E. S. Waterbury was the former owner of said land, through whom both parties to this action claim title. .Plaintiff claims title through a sheriff’s deed issued to one Ramsey in 1900 under an execution sale and judgment against E. S. Waterbury, and a warranty deed from Ramsey to plaintiff dated November 1, 1904. Defendant claims title under an alleged unrecorded deed for a portion of said land, and a contract for deed for…
2Cases cited7 opinions
- Brown v. MatthewsSupreme Court of Georgia · 1887
- Moore v. BoydCalifornia Supreme Court · 1887
- Kinney v. WhitonSupreme Court of Connecticut · 1877
- Brickley v. EdwardsIndiana Supreme Court · 1892
- Harvey v. WestSupreme Court of Georgia · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Griffith v. MurraySupreme Court of Iowa · 1914
- Nichols & Shepard Co. v. HorstadSouth Dakota Supreme Court · 1914