Hardin v. Hardin
South Dakota Supreme Court
Appeal from Circuit Court, Lawrence county. Hon. Wiluam G. Rice, Judge. Action by Charles S. Hardin against James D'. Hardin, and Charles W. 'MoCutchen, to establish a resulting trust in realty in favor of plaintiff. From a judgment in favor of plaintiff, defendant McCutcheon appeals. The effect of a lis pendens as constructive notice is confined to the limits of the county in which it is filed. A notice of lis pendens must appear of record.
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Appeal from Circuit Court, Lawrence county. Hon. Wiluam G. Rice, Judge. Action by Charles S. Hardin against James D'. Hardin, and Charles W. 'MoCutchen, to establish a resulting trust in realty in favor of plaintiff. From a judgment in favor of plaintiff, defendant McCutcheon appeals. The effect of a lis pendens as constructive notice is confined to the limits of the county in which it is filed. A notice of lis pendens must appear of record. This statute does not give new rights to the plaintiff, but limits rights which ■lie had 'before by requiring for the purpose of giving constructive…
1Opinion of the CourtWpiitin'G, J.
Respondents contend that there are several reasons why the judgment appealed from, can and should be affirmed ; but we are of the opinion that, under the stipulation which appears to have been entered into between the parties, and which binds' respondents so far as the trial from which this appeal is taken is concerned, there is but one question before, us, and that whether, under the following statement of -facts, the lis pendens *205referred to would constitute constructive notice to- D. of -the interest of B. in that portion of the land not situate -in L. county.
A. and B. are owners in common…
2Cases cited1 opinion
- Gilman v. CarpenterSouth Dakota Supreme Court · 1908
3Cited by2 opinions
- In Re JohnsonUnited States Bankruptcy Court, D. South Dakota · 1986
- City of Colton v. Johnson (In Re Johnson)United States Bankruptcy Court, D. South Dakota · 1986