Haynie v. Bennett
South Dakota Supreme Court
Appeal from Circuit Court, Pennington .County. Hon. Eevi McGee, Judge. Action by M. D. E. Haynie against George P. Bennett. Judgment for plaintiff, and defendant appeals. A condition precedent must be strictly and literally performed before title vests. Tenn. etc: R. R. Co-, v. East Ala.
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Appeal from Circuit Court, Pennington .County. Hon. Eevi McGee, Judge. Action by M. D. E. Haynie against George P. Bennett. Judgment for plaintiff, and defendant appeals. A condition precedent must be strictly and literally performed before title vests. Tenn. etc: R. R. Co-, v. East Ala. Ry. 73 Ala., 426; Van Horne v. Dorrance, 2 Dali., 317; Mesick v. Sunderland, 6 Cal, 308; Brannan v. Mesick, 10 Cal., 95; Page v. Fraser, 14 Bu-sh (Ky.), 208; Nevius v. Gourley, 95 Ill., 213; Thomas v. Eck-ard, 88 Ill., 593; Sheppard v. Thomas, 26 Ark., 617; Stockton v. Weber, 98 Cal., 433; Rollins v. Riley,…
1Opinion of the CourtFuller, J.
As against appellant, who asserts ownership in fee, respondent prevailed in this action to quiet her title to 16 lots in block 28 of the First subdivision of the Upper Rapid City town site, and the questions of law presented are determinable from facts and circumstances briefly stated in chronological order as follows: Both parties claim through the Upper Rapid City Company as a common source of title, and respondent and William Duff Haynie, her immediate grantor, have been in possession continuously since the 26th day of September, 1891, when the above-named corporation, on receipt of $1,200…
2Cases cited3 opinions
- Roblin v. PalmerSouth Dakota Supreme Court · 1896
- Kohn v. LaphamSouth Dakota Supreme Court · 1900
- Waldron v. Toledo, Ann Arbor & Grand Trunk Railway Co.Michigan Supreme Court · 1885
3Cited by4 opinions
- Hunder Ex Rel. Hunder v. RindlaubNorth Dakota Supreme Court · 1931
- Reid v. GormanSouth Dakota Supreme Court · 1916
- State Ex Rel. Department of Revenue v. KarrasSouth Dakota Supreme Court · 1994
- State Ex Rel. Department of Revenue v. KarrasSouth Dakota Supreme Court · 1994