State v. Kemmerer
South Dakota Supreme Court
Appeal from circuit court, Faulk county. Hon. Loring E. GaeEy, Judge. Action by the state against Emma Kemmerer. From a judgment for defendant, plaintiff appeals. The use in a granting clause of a deed of conveyance of the words “convey, grant, remise, release and quitclaim,” passes to the grantor a fee simple title and any subsequent title acquired by the grantor enures to the benefit of the grantee. §§ 3249, 3254, Comp. Laws; 9 Am. and Eng.
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Appeal from circuit court, Faulk county. Hon. Loring E. GaeEy, Judge. Action by the state against Emma Kemmerer. From a judgment for defendant, plaintiff appeals. The use in a granting clause of a deed of conveyance of the words “convey, grant, remise, release and quitclaim,” passes to the grantor a fee simple title and any subsequent title acquired by the grantor enures to the benefit of the grantee. §§ 3249, 3254, Comp. Laws; 9 Am. and Eng. Ency. of Law, 137; Grantz v. Ewalt, 2 Bin. 95; Latham v. Morgan, 1 S & M. 611; 4 Kent’s Com. 474.; Drexel v. Miller, 49 Pa. St. 249; Hawk. v.…
1Opinion of the CourtCorson, J.
This is an action to quit title to a quarter section of land alleged to have been conveyed by the defendant, Emma Kemmerer, and her husband, Abram Kemmerer, to John L. Lockhart, as trustee for the plaintiff. The deed is set out in the complaint, and the granting clause is as follows: “Do hereby convey, grant, remise, release, and quitclaim unto John L. Lockhart, trustee for the state of South Dakota, and to his assigns forever, all the [their] right, title, estate, interest, property, and equity in and to the following real property.” The complaint then alleges that prior to the time of the…
2Cases cited10 opinions
- Frink v. DarstIllinois Supreme Court · 1853
- Dart v. DartSupreme Court of Connecticut · 1828
- Shumaker v. JohnsonIndiana Supreme Court · 1871
- Derrick v. BrownSupreme Court of Alabama · 1880
- Field v. ColumbetDistrict Court, N.D. California · 1864
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bilby v. WireNorth Dakota Supreme Court · 1956
- Frandson v. CaseyNorth Dakota Supreme Court · 1955
- Stephenson v. StephensonNorth Dakota Supreme Court · 2011
- Aure v. MacKoffNorth Dakota Supreme Court · 1958
- Carkuff v. BalmerNorth Dakota Supreme Court · 2011
4 more not listed; retrieve them via the Exa API.