Solberg v. Robinson
South Dakota Supreme Court
Appeal from 'Circuit -Court, Hughes County. Hon. John F. Hughes, Judge. Action by Ulrick P. Solberg and another against Frank P. Robinson, as administrator of Charles 'C. Robinson, -deceased, and others, for brfeach of ■wlarran-ty of title to realty. From a judgment for -plaintiffs, 'and from an order -denying -a new trial, the defendant named appeals.
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Appeal from 'Circuit -Court, Hughes County. Hon. John F. Hughes, Judge. Action by Ulrick P. Solberg and another against Frank P. Robinson, as administrator of Charles 'C. Robinson, -deceased, and others, for brfeach of ■wlarran-ty of title to realty. From a judgment for -plaintiffs, 'and from an order -denying -a new trial, the defendant named appeals. The respondents, remote grantees, cannot maintain this action -against the appellant, for a -breac-h of a real covenant which occurred before the making of the covenant, where neither •title nor -possession passed by the instrument containing…
1Opinion of the CourtPorrey, J.
On the 27th day of January, 1906, one C. C.’ Robinson and wife executed and delivered to- W. J. and J. R. Smith a certain warranty deed, purporting to convey to- -said Smiths, with other property, a quarter section of land in Hughes County. On the 9Ü1 day of January, 1907, said Smiths executed and delivered to plaintiffs a warranty deed, purporting to convey *60said land to plaintiffs, but neither the Robinsons nor the Smiths were ever in the actual possession oí the land. Thereafter, one Ve-sey commenced1 an action against plaintiffs for the purpose of quieting title t'o said premises and to-…
2Cases cited9 opinions
- State v. HovorkaSupreme Court of Minnesota · 1907
- Mygatt v. . CoeNew York Court of Appeals · 1895
- Kimball v. BryantSupreme Court of Minnesota · 1879
- Gale v. FrazierSupreme Court Of The Territory Of Dakota · 1886
- Bull v. BeisekerNorth Dakota Supreme Court · 1907
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3Cited by1 opinion
- Holzworth v. RothSouth Dakota Supreme Court · 1960