Wyatt v. Meade County Bank
South Dakota Supreme Court
Appeal from Circuit Court, Meade County. Hon. Levi McGee, Judge. Action by Archibald E. Wyatt and others, against the Meade County Bank -and others, to recover .possession of .a -deed to realty, and for damages; Clarence B. Harris being substituted as-sole defendant. From a judgment for plaintiff, and from an. order denying a new trial, defendant Harris appeals. (3) To ¡p'cíint three of the Opinion, Appellants, cited: Civ. Code, Sec. 2044, 11; XI. Am. & Eng.
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Appeal from Circuit Court, Meade County. Hon. Levi McGee, Judge. Action by Archibald E. Wyatt and others, against the Meade County Bank -and others, to recover .possession of .a -deed to realty, and for damages; Clarence B. Harris being substituted as-sole defendant. From a judgment for plaintiff, and from an. order denying a new trial, defendant Harris appeals. (3) To ¡p'cíint three of the Opinion, Appellants, cited: Civ. Code, Sec. 2044, 11; XI. Am. & Eng. Enc. of Law, p. 129, and cases oitadl: 27 Cyc. 981; Lumber Oo. v. Cliaflin, (Ni. D.) 113 N. W. 1036; Gairdel© v. Klioke, (N'efor.) 54 N.…
1Opinion of the CourtSmith, J.
Action as, originally brought was to- recover possession of a deed alleged -to’ be of the value of $20,000, and for $5,000 damages. The deed and a contract containing" conditions affecting its delivery were deposited -as an escrow in- the defendant bank, and subsequently came in custody of the state bank examiner by reason- of insolvency of the hank. Clarence B. Harris, who was the other party to the escrow agreement, was substituted as sole defendant, and answered admitting an agreement under which- the deed was deposited, and alleging conditions upon which the same was to be delivered.…
2Cases cited2 opinions
- Sweet v. PurintonSouth Dakota Supreme Court · 1918
- State v. DarlingSouth Dakota Supreme Court · 1917
3Cited by4 opinions
- Rushmore State Bank v. Kurylas, Inc.South Dakota Supreme Court · 1988
- Pegues v. MossCourt of Appeals of Texas · 1940
- State Highway Commission v. MillerSouth Dakota Supreme Court · 1968
- Rushmore State Bank v. Kurylas, Inc.South Dakota Supreme Court · 1988