Grigsby v. Verch
South Dakota Supreme Court
Appeal from Circuit Court, Beadle 'County. Hon. Alva E. Taylor, .Judge. Action by Melvin Grigsby against Gustav P. Verch, to quiet title to realty. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. Respondent claims -under a warranty deed and cannot set up estoppel as a defense.
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Appeal from Circuit Court, Beadle 'County. Hon. Alva E. Taylor, .Judge. Action by Melvin Grigsby against Gustav P. Verch, to quiet title to realty. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. Respondent claims -under a warranty deed and cannot set up estoppel as a defense. Goes v. Herman, 20 N. D.; 127 N. W.; Gjerstadengen v. Hartzell, 9 N. D., 268; 83 N. W. 231. No laches or estoppel lias been shown which would bar the title of Day and his grantee the appellant. Goss v. Herman, supra. The respondent held a direct and complete chain of title to…
1Opinion of the CourtMeCOY, J.
[1, 2] It appears that one Day, on and prior to the 24th day of May, 1893, was the fee owner of the S. W. Jd of Se.c. 22, T. 109, R. 60, in Beadle County; that on said date said Day by quit-claim deed, purporting on its face to be an absolute deed, conveyed to the Plankinton Bank of Milwaukee, Wisconsin, all his right, title and interest in and to said land; that thereafter on the 1st day of June, 1893, the said .Plankinton Bank by said Day, its president, made a general assignment for the benefit of creditors to ope Plankinton as assignee; that on the 3rd day of June, 1893, the said Day made…
2Cases cited1 opinion
- Grigsby v. LarsonSouth Dakota Supreme Court · 1910
3Cited by3 opinions
- Bucholz v. HinzmanSouth Dakota Supreme Court · 1921
- Stotts v. SwallowSouth Dakota Supreme Court · 1944
- Wilson v. GrigsbySouth Dakota Supreme Court · 1914