Legal Opinion

Gilman v. Carpenter

South Dakota Supreme Court

Decided March 7, 1908PublishedCited by 4 opinions

Appeal from .Circuit Court, Faulk County. Hon. LoRiNG E. Garry, Judge. Action by W. S. Gilman against H. M. Carpenter and others. From a judgment for defendants and an order denying a new trial, plaintiff appeals.

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Appeal from .Circuit Court, Faulk County. Hon. LoRiNG E. Garry, Judge. Action by W. S. Gilman against H. M. Carpenter and others. From a judgment for defendants and an order denying a new trial, plaintiff appeals. John Glodt, who executed the. trust deed, mentioned in the following opinion, was the patentee of the land in question, and through mesne conveyances from him M. E. Waldon received a warranty deed dated February 28, 1901, recorded July 6, 1901, conveying the land in question.

1Opinion of the CourtCorson, J.

This action ’was instituted by the plaintiff to quiet his title to a quarter section of-land in Faulk county, and to determine adverse claims thereto, -and was brought under -the provisions of chapter 194, p. 255, of the Laws of 1903. The case was-tried by the court without a jury, and, findings and judgment being in favor of the defendants, the plaintiff has appealed.

It appears from respondents’ amended abstract, which is not controverted by the appellant, that the notice of intention to move for a new trial was upon the grounds: “ (1) Errors of law occurring at the trial and duly excepted…

2Cases cited9 opinions

  1. Smith v. GaleSupreme Court of the United States · 1892
  2. Head v. FordyceCalifornia Supreme Court · 1860
  3. Warnock v. HarlowCalifornia Supreme Court · 1892
  4. Hammond v. PaxtonMichigan Supreme Court · 1885
  5. Buxton v. SargentNorth Dakota Supreme Court · 1898

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Kammann v. BartonSouth Dakota Supreme Court · 1909
  2. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. BeckIndiana Court of Appeals · 1923
  3. City of Colton v. Johnson (In Re Johnson)United States Bankruptcy Court, D. South Dakota · 1986
  4. Hardin v. HardinSouth Dakota Supreme Court · 1914

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