Stephenson v. Cone
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by A. H. Stephenson, administrator of the estate of Lewis O. Grinne, deceased, against James W. Cone and others. Judgment for plaintiff, and defendants appeal. Persons cannot be charged with constructive notice of a judgment unless the same is.correctly indexed.
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Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by A. H. Stephenson, administrator of the estate of Lewis O. Grinne, deceased, against James W. Cone and others. Judgment for plaintiff, and defendants appeal. Persons cannot be charged with constructive notice of a judgment unless the same is.correctly indexed. Dewey v. Sugg 13 S. E. 924; Sterling Mfg, Co, v. Earley, 28 N. W. .458; Thompson v. Desney, xo N. W. 315. The omission of the middle initial of a name on a judgment indexed is fatal to a lien as against bona fide .purchasers. Krause v. Murphy, 21 Atl.…
1Opinion of the CourtMcCOY, J.
This suit was commenced in the circuit court by the plaintiff, Stephenson, as administrator of the estate of *462Lewis O. Grinne, against the defendant Cone, and hi-s bondsmen, as an abstracter. It appears from the record ‘that in December, 1904, Edward J. Borstad and Lewis Grinne entered into a contract whereby Borstad agreed to sell certain town lots in Dell Rapids to Grinne for the -purchase price of $1,500; the said Grinne agreeing to pay said amount therefor upon being furnished an abstract showing valid fitle to said lots free and cle'ar of all incumbrances whatsoever at the time of such…
2Cases cited10 opinions
- Crouse v. MurphySupreme Court of Pennsylvania · 1891
- Dickle v. Abstract Co.Tennessee Supreme Court · 1890
- Young v. LohrSupreme Court of Iowa · 1902
- Western Loan & Savings Co. v. Silver Bow Abstract Co.Montana Supreme Court · 1904
- Burns v. RossSupreme Court of Pennsylvania · 1906
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Williams v. PolgarMichigan Supreme Court · 1974
- State Ex Rel. Doria v. FergusonOhio Supreme Court · 1945
- DuPratt v. BLACK HILLS LAND AND ABSTRACT COMPANYSouth Dakota Supreme Court · 1966
- Lee Lumber Co. v. Hetherwick Title Co.Supreme Court of Louisiana · 1926
- Bank of Cave City v. Abstract & Title Co.Court of Appeals of Arkansas · 1992
1 more not listed; retrieve them via the Exa API.