Gruba v. Chapman
South Dakota Supreme Court
Appeal from Circuit Court, Perkins County. Hon. Cray Carpenter, Judge. Action by Eva Gruba against G. P. Chapman and others, to quiet title. From a judgment for defendants, and from an order denying a new trial, plaintiff appeals. (i) Under point one of the opinion, Appellant cited: Civ. Code, Secs, io, 15, 16; Beach on Modern Law of Contracts, Sec. 1345; Fonda v. VanHorne, 15 Wend. (N. Y.) 631; S. D. Civil Code, Secs. 330 and 337; 26 Am. & Eng.
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Appeal from Circuit Court, Perkins County. Hon. Cray Carpenter, Judge. Action by Eva Gruba against G. P. Chapman and others, to quiet title. From a judgment for defendants, and from an order denying a new trial, plaintiff appeals. (i) Under point one of the opinion, Appellant cited: Civ. Code, Secs, io, 15, 16; Beach on Modern Law of Contracts, Sec. 1345; Fonda v. VanHorne, 15 Wend. (N. Y.) 631; S. D. Civil Code, Secs. 330 and 337; 26 Am. & Eng. Enc. of L-, (2d Ed.) 618; State ex rel Quarries Co. v. Duis, 17 N. D. 319; Sanfoid v. King, 19 S. D. 334 339; Hastings v. Dolleride, 24 Cal. 195;…
1Opinion of the CourtGates, J.
The defendant Annie Graba, then a minor, now Annie Wiederholt, was the owner of a -town lot in Lemmon, S. D. On January 4, 1909, she mortgaged the lot, which mortgage was assigned to defendant Papke. On May 27, 1909, she mortgaged the lot to defendant Chapman. iSh-e did not become 18 years of age until December 26, 1909. On August 15, 1912, she deeded the lot to the plaintiff, who thereupon brought this action to quiet title and determine the adverse claims to -said lot.
It is conceded that Annie Gruba received the consideration for the mortgages, and that they -have never been disaffirmed.…
2Cases cited8 opinions
- Irvine v. IrvineSupreme Court of the United States · 1870
- Tracy v. WheelerNorth Dakota Supreme Court · 1906
- Hastings v. DollarhideCalifornia Supreme Court · 1864
- Frost v. FlickSupreme Court Of The Territory Of Dakota · 1875
- Taylor v. BrownSupreme Court Of The Territory Of Dakota · 1888
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3Cited by3 opinions
- Newton v. EricksonSouth Dakota Supreme Court · 1950
- Moran v. Williston Cooperative Credit UnionNorth Dakota Supreme Court · 1988
- Newton v. EricksonSouth Dakota Supreme Court · 1950