Fitzgerald v. Miller
South Dakota Supreme Court
Appeal from circuit court, Hand county. Hon. Loring E. Gaeey, Judge. Action to remove a cloud upon title to real estate. Judgment for defendants, and plaintiff appeals. Tlie facts are stated in the opinion. Tlie court has power to correct a conveyance so as to make it correspond with the intention of the parties. Lee v. Johnson, 6 Sup.
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Appeal from circuit court, Hand county. Hon. Loring E. Gaeey, Judge. Action to remove a cloud upon title to real estate. Judgment for defendants, and plaintiff appeals. Tlie facts are stated in the opinion. Tlie court has power to correct a conveyance so as to make it correspond with the intention of the parties. Lee v. Johnson, 6 Sup. Ot. 249; Shepley v. Cowan, 91 U. S. 330; Waldon v. Skinner, 101 U. S. 577; Hunt v. Eousmaniere, 1 Pet. ]13; Same v. Same, 8 Wheat 174; Stark v. Starr, 94 U. S. 477; Silver v. Ladd, 7 Wall. 219; Baker v. Mar ton, 12 Wall. 150; Brown v. Pierce, 7 Wall. 205; Jones…
1Opinion of the CourtFuller, J.
This was an action to remove a cloud upon the title to certain real estate, and to restrain the sale thereof upon execution, and the appeal is taken by the plaintiff from a judgment of dismissal entered in favor of the defendants uj)on a demurrer to the complaint, upon the ground that the same does not state facts sufficient to constitute a cause of action. The substantive facts upon which plaintiff relies, as disclosed by his complaint, are, briefly stated, in effect as follows: On the 3d day of May, 1882, the title to the original town site of Miller was in the name of Alexis Dumerce, a…
2Cases cited4 opinions
- Dawley v. . BrownNew York Court of Appeals · 1880
- German Mutual Insurance v. GrimIndiana Supreme Court · 1869
- Swett v. PoorMassachusetts Supreme Judicial Court · 1814
- Moore v. ThomasIndiana Supreme Court · 1894
3Cited by2 opinions
- Henle v. BodinSouth Dakota Supreme Court · 1928
- Ruden v. KirbySouth Dakota Supreme Court · 1932