Kinkaid v. Rossa
South Dakota Supreme Court
Appeal from Circuit Court, Union County. Hon. Joseph W. Jones, Judge. Action by William Kinkaid against J. (TDonovan Rossa, to set aside an execution sale of realty. From a judgment for plaintiff add an order denying a new trial, defendant appeals. Plaintiff’s only excuse for neglecting the matter is that he had an agreement with John Schwinn, the judgment creditor, that no execution was to be issued for three years.
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Appeal from Circuit Court, Union County. Hon. Joseph W. Jones, Judge. Action by William Kinkaid against J. (TDonovan Rossa, to set aside an execution sale of realty. From a judgment for plaintiff add an order denying a new trial, defendant appeals. Plaintiff’s only excuse for neglecting the matter is that he had an agreement with John Schwinn, the judgment creditor, that no execution was to be issued for three years. The question of laches does not depend upon the fact that a certain definite time had elapsed since the cause of action accrued, but whether, under' all the circumstances of the…
1Opinion of the CourtGates, J.
In this case the title to certain land is involved which was formerly a part of the state of Nebraska, but which, by reason of the vagdries of the Missouri river, now lies in South Dakota. The case was tried by the court without a jury. Judgment was rendered in favor of the plaintiff, vacating and setting-aside an execution, a sale, a confirmation of sale, and a sheriff’s deed issued thereunder. From the' judgment and order denying a new trial defendant appeals.
• The trial court found the facts to be as follows: That on or about the 8th day of December, 1904, one John Schwinn commenced an…
2Cases cited9 opinions
- Graffam v. BurgessSupreme Court of the United States · 1886
- Mangold v. BaconSupreme Court of Missouri · 1911
- Ballentyne v. SmithSupreme Court of the United States · 1907
- Roger v. WhithamWashington Supreme Court · 1909
- First National Bank v. Black Hills Fair Ass'nSouth Dakota Supreme Court · 1891
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3Cited by6 opinions
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- Zuckerman v. CochranSupreme Court of Alabama · 1934
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