Southard v. Smith
South Dakota Supreme Court
Appeal from circuit court, Lincoln county. Hon. J. W. Jones, Judge. Action by Emily Southard against Isabella M. Smith to foreclose a contract or bond for a deed, and to foreclose such right, title and interest as W. and A. McArthur, St. Croix Lumber Co. and Oshkosh Lumber Co., as holders of mechanic’s liens, have in the premises described in such contract. These interests have been assigned to defendant Charles E. Judd, who appeals from a judgment in favor of plaintiff.
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Appeal from circuit court, Lincoln county. Hon. J. W. Jones, Judge. Action by Emily Southard against Isabella M. Smith to foreclose a contract or bond for a deed, and to foreclose such right, title and interest as W. and A. McArthur, St. Croix Lumber Co. and Oshkosh Lumber Co., as holders of mechanic’s liens, have in the premises described in such contract. These interests have been assigned to defendant Charles E. Judd, who appeals from a judgment in favor of plaintiff. The facts are stated in the opinion. The court, having jurisdiction of the subject matter and of Emily Southard, as a party…
1Opinion of the CourtCorson, P. J.
Emily Southard, the plaintiff, being the owner of a certain lot in the city of Canton, entered into a contract, usually denominated a “bond for a deed,” with the defendant Isabella M. Smith, by which she agreed, upon the payment of $3,000 at the time therein specified, and the performance of certain covenants therein, to convey to her said lot. *232One of the covenants on the part of said Isabella M. Smith was that she would erect a building of the dimensions and of the material therein specified upon the said lot, and expend at least $1,000 in said improvements within 30 days after the date of…
2Cases cited11 opinions
- Hefner v. Northwestern Life InsuranceSupreme Court of the United States · 1887
- Hempstead v. City of Des MoinesSupreme Court of Iowa · 1884
- Hackworth v. ZollarsSupreme Court of Iowa · 1870
- Pinkerton v. Le BeauSouth Dakota Supreme Court · 1893
- Helck v. . ReinheimerNew York Court of Appeals · 1887
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3Cited by4 opinions
- Phillips v. Branch Mint Min. & Mill Co.South Dakota Supreme Court · 1911
- Remilliard v. AuthierSouth Dakota Supreme Court · 1905
- McArthur v. SouthardSouth Dakota Supreme Court · 1898
- Missoula Trust & Savings Bank v. BoosMontana Supreme Court · 1938