Bjornson v. Rostad
South Dakota Supreme Court
Appeal from Circuit Court, Gregory County. Hon.. R. B. Tripp, Judge. Action by Anna E. Bjornson against P:aul Rostad, in claim and delivery for possession of wheat claimed by plaintiff as owner. From a judgment for plaintiff on a directed verdict, defendant appeals. That the fru-e consideration for a deed can be shown by parol evidence' has been decided by this Court in a large number of cases.
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Appeal from Circuit Court, Gregory County. Hon.. R. B. Tripp, Judge. Action by Anna E. Bjornson against P:aul Rostad, in claim and delivery for possession of wheat claimed by plaintiff as owner. From a judgment for plaintiff on a directed verdict, defendant appeals. That the fru-e consideration for a deed can be shown by parol evidence' has been decided by this Court in a large number of cases. “The recital® in a deed as to» consideration are not conclusive, but the true .and' accurate consideration can be shown by proof aliunde.” Farley v. Bentley et al., i Dak. 25; Miller v. Kennedy et .al,…
1Opinion of the CourtMcCOY, P. J.
There was a directed verdict and judgment for plaintiff, and -defendant appeals. On the 18th day -of June, 1907, defendant executed1 and delivered to- plaintiff a warranty deed'o-f a certain quarter s-eotio-n of land in Gregory county, absolute in form, and' containing no ex-ecptions or reservations what-*48so.ever, and reciting 'a consideration "of one dollar and other good and valuable .considerations.” At the time of the execution and delivery of said deed, there was standing and growing on said land an immature crop of wheat that had been sown by defendant ■the spring before. Neither…
2Cases cited14 opinions
- Davis v. McFarlaneCalifornia Supreme Court · 1869
- Heavilon v. HeavilonIndiana Supreme Court · 1868
- Vulicevich v. SkinnerCalifornia Supreme Court · 1888
- Bond v. . CokeSupreme Court of North Carolina · 1874
- Pattison's AppealSupreme Court of Pennsylvania · 1869
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3Cited by5 opinions
- Power Mercantile Co. v. Moore Mercantile Co.Montana Supreme Court · 1918
- Kester v. AmonMontana Supreme Court · 1927
- Kiehl v. HollidayMontana Supreme Court · 1926
- Boyd v. Lake CountySouth Dakota Supreme Court · 1949
- Mitchell v. WeaverDistrict Court, E.D. Virginia · 1953