Legal Opinion

Berry v. Howard

South Dakota Supreme Court

Decided June 27, 1910PublishedCited by 6 opinions

An appeal from Circuit Court, Brown County. Hon. Frank McNurTy, Judge. Action by Albert Berry, administrator of the estate of Eberhart Thompson, deceased, against Chas. A. Howard and another. From an order overruling a demurrer to the complaint, defendants appeal.

1Opinion of the CourtWhiting, P. J.

This action was brought by the plaintiff, the administrator of the estate of one Thompson, to quiet title to certain lands as against the claims of the defendant. The complaint sets forth the title of Thompson; that at the time of death *30he was the owner in fee simple and in possession of the lands in question; that plaintiff had been appointed and was at the time of bringing the action the duly qualified and acting administrator of the estate of said Thompson; that the 'lands in question were in the possession of the plaintiff; that the plaintiff claimed the fee-simple title to said lands to…

2Cases cited8 opinions

  1. Curtis v. SutterCalifornia Supreme Court · 1860
  2. Pennie v. HildrethCalifornia Supreme Court · 1889
  3. Collins v. O'LavertyCalifornia Supreme Court · 1902
  4. Blakemore v. RobertsNorth Dakota Supreme Court · 1903
  5. Liebrand v. OttoCalifornia Supreme Court · 1880

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3Cited by6 opinions

  1. Magoffin v. Watros ex rel. BrouillardNorth Dakota Supreme Court · 1920
  2. Druey v. BaldwinNorth Dakota Supreme Court · 1919
  3. Berry v. HowardSouth Dakota Supreme Court · 1914
  4. In Re Dayton's EstateSupreme Court of Oklahoma · 1935
  5. Lamoreaux v. HigginsSupreme Court of Minnesota · 1927

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