Gibson v. Pekarek
South Dakota Supreme Court
Appeal from Circuit Court, Brule County. Hon. Frank B. Smith, Judge. Action by Charles E. Gibson against Frank Pelcarek and others. From a judgment for defendants and an order denying a new trial, plaintiff appeals.
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Appeal from Circuit Court, Brule County. Hon. Frank B. Smith, Judge. Action by Charles E. Gibson against Frank Pelcarek and others. From a judgment for defendants and an order denying a new trial, plaintiff appeals. The first tax deed is void on its face because it does not recite that it appeared that the land had been assessed and charged on the tax book or duplicate for the year 1892, for non-payment of taxes of which year said deed recites the tax sale upon which it is based to have been made. Horswill v. Farnham, 16 S. D. 414. The three year statute of limitations does not run in favor…
1Opinion of the CourtCorson, J.
This is an appeal by the plaintiff from a judgment in favor of the defendants, and from the order denj-ing a new trial. The action was instituted by the plaintiff to recover the possession of,. and quiet title to, a quarter section of land in Brule county, of which the plaintiff claims to be the owner. The plaintiff, after alleging his ownership, alleges that the defendant Ole Carlson is treasurer of Brule county, and that “the defendants Frank Pekarek and Katherna Pekerek wrongfully claim some estate or interest in said premises adverse to this plaintiff, and the said claims of the said…
2Cases cited14 opinions
- McCready v. Sexton & SonSupreme Court of Iowa · 1870
- State ex rel. Hopkins v. OlinWisconsin Supreme Court · 1868
- Smith v. ClevelandWisconsin Supreme Court · 1863
- Guilmartin v. WoodSupreme Court of Alabama · 1884
- Roberts v. First National BankNorth Dakota Supreme Court · 1899
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Cain v. EhrlerSouth Dakota Supreme Court · 1914
- Gibson v. PekarekSouth Dakota Supreme Court · 1911
- Levine v. Twin City Red Barn No. 2, Inc.Supreme Court of Minnesota · 1973
- Krahenbuhl v. ClaySupreme Court of Missouri · 1940
- Rhomberg v. BenderSouth Dakota Supreme Court · 1912
1 more not listed; retrieve them via the Exa API.