Stearns v. McHugh
South Dakota Supreme Court
Appeal from Circuit Court, Lawrence County. Hon. James McNenny, Judge. Action by Henry Stearns, Trustee, against Ch-arles E. McHugh and o-thers and the Baker Ice-Machine Company, for reformation, of ’a sheriff’s -deed. From a judgment for plaintiff, and from an order denying a new trial, the first-named defendants appeal.
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Appeal from Circuit Court, Lawrence County. Hon. James McNenny, Judge. Action by Henry Stearns, Trustee, against Ch-arles E. McHugh and o-thers and the Baker Ice-Machine Company, for reformation, of ’a sheriff’s -deed. From a judgment for plaintiff, and from an order denying a new trial, the first-named defendants appeal. (i) Under point one of the opinion, Appellant cited: White v. Lunning, 93 U. S'. 940; Barclay v. Howell,. 6 Peters, 482; Shipp v. Miller, 2 Wheaton-, 250. (3) Un-der point three of the opinion, Appellant -cited: 2 Pomeroy’s Equity, 675-6; Wagar v. Briscoe-, 38 Mich. 592;…
1Opinion of the CourtGates, J.
The defendants Anna F. McHugh and Mary Ellen Butler, sisters, were the owners of property fronting 249.9 feet on North Main street, in the city of Deadwood, extending back fro-m -.the street 19 feet at its easterly end and 45.5 feet at its westerly end. For the purpose of convenience of reference and to avoid technical metes and bounds descriptions, we may describe it as consisting of three -parcels, viz.: Tract, A, fronting 104 feet on Main street, and extending- back from the street 19 feet at its easterly end and 24.5 fee't at its westerly end; tract B, lying 102.4 feet on- Main street,…
2Cases cited11 opinions
- Jones v. AndrewsTexas Supreme Court · 1888
- Wagar v. BriscoeMichigan Supreme Court · 1878
- Lindley v. CrossIndiana Supreme Court · 1869
- Goss v. StrelitzCalifornia Supreme Court · 1880
- Lavin v. BradleyNorth Dakota Supreme Court · 1890
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3Cited by1 opinion
- State v. Kahua Ranch, LimitedHawaii Supreme Court · 1963