Eickelberg v. Soper
South Dakota Supreme Court
Appeal from circuit court, Lake county. Hon. Frank R. Aikens, Judge. Action to set aside and cancel a judgment and to annul and set aside a sheriff’s deed, and for general equitable relief. Judgment for plaintiff. Defendant appeals. The facts and nature of the proceedings are fully stated in the opinion.
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Appeal from circuit court, Lake county. Hon. Frank R. Aikens, Judge. Action to set aside and cancel a judgment and to annul and set aside a sheriff’s deed, and for general equitable relief. Judgment for plaintiff. Defendant appeals. The facts and nature of the proceedings are fully stated in the opinion. Upon the question of what elements constitute an equitable estoppel, appellant’s counsel cited: Southern Development Co. v. Silva, 125 U. S. 247; Bigelow Est. p. 552; Wright’s Appeal, 99 Pa.. St. 425; Pittsburg v. Danforth, 56 N. H. 272; 2 Pom. Eq. Juris. § 870. The single fact that a…
1Opinion of the CourtKellam, J.
This is an equitable action, brought upon the following alleged facts: In December, 1887, one Severson was the owner of a certain lot in the city of Madison in said Lake county, which respondent desired to purchase. While negotiations to that end were pending, respondent learned that there were outstanding and unsatisfied of record various judgments in favor of the Hoosier Drill Company against said Severson, procured by appellant, Soper, as attorney for said company. That for the purpose of ascertaining which of said judgments, if any, were really unpaid and of paying such if any as were not…
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