Gress v. Evans
Supreme Court Of The Territory Of Dakota
Appeal from Minnehaha County District Court. The facts are stated in the opinion. The deed of Jane L. and Moses S. Titus to Byron M. Smith was not recorded and was not entitled to record for want of a certificate of the official character of the officer who took the acknowledgement at the time the defendants’ deed was recorded, and was not notice to the defendants.
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Appeal from Minnehaha County District Court. The facts are stated in the opinion. The deed of Jane L. and Moses S. Titus to Byron M. Smith was not recorded and was not entitled to record for want of a certificate of the official character of the officer who took the acknowledgement at the time the defendants’ deed was recorded, and was not notice to the defendants. (Civil Code, 1865-6, sec. 528; 20 Wis. 523, and authorities cited : 4 Kent’s Com. 174; 2 Story’s Equity jur. 276; 43 Cal. 467.) The deed of Byron M. Smith to plaintiff, R. B. Gress, though prior in date to the deed of the Titus’ to…
1Opinion of the CourtShannon, C. J.
The proceedings in this action, until the appeal, were under the Code of Civil Procedure of January 10th, 1868, by which the distinction between actions at law and suits in equity, and the forms of all such actions and suits were abolished, and but one form of civil action wa3 established. The preamble to that Code asserts that the distinction between legal and equitable remedies should no longer continue, and that a uniform course of proceeding, in all cases, should prevail. Doubts having been entertained whether, under the Organic acts creating this and other Territories, the Codes adopted…
2Cases cited14 opinions
- Oliver v. PiattSupreme Court of the United States · 1845
- Gee v. MooreCalifornia Supreme Court · 1859
- City of San Francisco v. LawtonCalifornia Supreme Court · 1861
- Jackson ex dem. Salisbury v. FishNew York Supreme Court · 1813
- Funk v. CreswellSupreme Court of Iowa · 1857
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3Cited by21 opinions
- Bulman v. Hulstrand Construction Co., Inc.North Dakota Supreme Court · 1994
- Shauer v. AltertonSupreme Court of the United States · 1894
- Burlington Northern, Inc. v. HallNorth Dakota Supreme Court · 1982
- McCartney v. MalmWyoming Supreme Court · 1981
- Wendling v. CundallWyoming Supreme Court · 1977
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