Oldham v. Nelson
South Dakota Supreme Court
Appeal from Circuit Court, Lyman County. Hon. William Williamson, Judge. Action by Harold Oid'ham, against Olaf Nelson, to rescind a contract of sale of land and to cover back 'purchase money payment. From an order sustaining a demurrer to' the complaint, plaintiff appeals.
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Appeal from Circuit Court, Lyman County. Hon. William Williamson, Judge. Action by Harold Oid'ham, against Olaf Nelson, to rescind a contract of sale of land and to cover back 'purchase money payment. From an order sustaining a demurrer to' the complaint, plaintiff appeals. Appellant cited: Act of Cong, of March 2, 1889, 25 Statues at Large, 888 Ghap 405; Porter v. Parker, (Neb.) 94 N. W. 123; Section 6, Act of Cong, of August 7, 1882, (22 .Stat. 342 C. 434.); Act of Gong, of August 15, 1894, Ch. 290, 28 St. L. 286 as amended by Act of Feb. 6, 1901, (31 Stat. L., 760.) ; Civ. Code, Sec. 2347;…
1Opinion of the CourtGates, P. J.
Plaintiff seeks to recover from defendant the first payment made by him under a contract for the purchase of certain 'inherited Indian lands in the Rosebud country. Recovery is sought upon the ground: that the abstracts of title furnished under the contract do not show a marketable title. From an order sustaining a demurrer to the oomplaint, the plaintiff appeals.
The lands were held by two1 Indians under trust patents issued July 1, 1901, each containing the usual restriction against alienation for the period of 35 years. The Indians died. Deeds purporting to be made by their respective heirs…
2Cases cited3 opinions
- Jennings v. WoodCourt of Appeals for the Eighth Circuit · 1911
- Tripp v. SielerSouth Dakota Supreme Court · 1917
- Spencer v. LymanSouth Dakota Supreme Court · 1911
3Cited by3 opinions
- Daugherty v. McFarlandSouth Dakota Supreme Court · 1918
- Horn v. Ne-Gon-Ah-E-QuainoeSupreme Court of Minnesota · 1923
- Highrock v. GavinSouth Dakota Supreme Court · 1920