Wambole v. Foote
Supreme Court Of The Territory Of Dakota
Appeal from the District Court of Yankton Cknmty. ActioN in equity to cancel three deeds from plaintiff to defendant, and to set aside a tax deed from the treasurer of the city of Yankton to the defendant. Upon the trial in the court below, the presiding Judge made the following findings of fact and conclusions of law, covering all the issues. FINDINGS OF FACT. I. The plaintiff in this action, Elizabeth Wambole, was born on the fifteenth day of November, 1849. II.
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Appeal from the District Court of Yankton Cknmty. ActioN in equity to cancel three deeds from plaintiff to defendant, and to set aside a tax deed from the treasurer of the city of Yankton to the defendant. Upon the trial in the court below, the presiding Judge made the following findings of fact and conclusions of law, covering all the issues. FINDINGS OF FACT. I. The plaintiff in this action, Elizabeth Wambole, was born on the fifteenth day of November, 1849. II. The plaintiffs maiden name before her marriage with Charles Wambole, as hereinafter set forth, was Elizabeth Ar-conge, III. The…
1Opinion of the CourtShannon, C. J.
The important question before us is, are the conclusions drawn by the court below legally deducible from'the findings of fact ? The latter cover all the issues, and from the former we are to inquire in the first place whether the power of attorney -from the plaintiff to J. B. S. Todd, of date May 14th, 1862, and the deed made by him under said power, of date January 24th, 1866, are null and void.
*15It is to be observed that there is nothing appearing on the face of either of these instruments to disclose their alleged invalidity-in regard to the disability of minority or infancy; and hence, in ^…
2Cases cited37 opinions
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- Ronkendorff v. Taylor's LesseeSupreme Court of the United States · 1830
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3Cited by7 opinions
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