Jackson v. Bailey
South Dakota Supreme Court
Appeal from circuit court, Beadle county; Hon. Loring E. Gappy, Judge. Action by Wellington Jackson against John M. Bailey. Judgment for defendant, and plaintiff appeals.
1Opinion of the CourtFuller, J.
This action to quiet title, based on a tax deed regular upon its face, and recorded three years, was defeated by proof of what appellant, with commendable frankness, concedes to be jurisdictional defects of the description in the assment roll, as follows:
*595Section or Lot. Town or Block. Range.
N. E. 34 ■ 127 ' 66
In Moran v. Thomas et al. (decided at this term) 104 N. W. 212, it is held by a majority of this court that the recording act does not operate to-cure jurisdictional defects. That case is decisive of the point here presented.
The tax deed relied upon was issued to plaintiff’s grantor…
2Cases cited2 opinions
- Moran v. ThomasSouth Dakota Supreme Court · 1905
- Bennett v. MooreSouth Dakota Supreme Court · 1904
3Cited by2 opinions
- First National Bank of Eden v. MeyerSouth Dakota Supreme Court · 1991
- First National Bank of Eden v. MeyerSouth Dakota Supreme Court · 1991