Gale v. Shillock
Supreme Court Of The Territory Of Dakota
Appeal from the district court of Minnehaha county. The facts are fully stated in the opinion. In the ninth paragraph of the answer the defendant sets up a separate and independent defense to the plaintiff’s cause of action and there we must look for the admissions if there are any, of the execution of these instruments. 1. But this defense is distinct from and independent of all others in the action and is entire in itself, and any admission of the execution of the power of…
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Appeal from the district court of Minnehaha county. The facts are fully stated in the opinion. In the ninth paragraph of the answer the defendant sets up a separate and independent defense to the plaintiff’s cause of action and there we must look for the admissions if there are any, of the execution of these instruments. 1. But this defense is distinct from and independent of all others in the action and is entire in itself, and any admission of the execution of the power of attorney or of the deed which might find its way into this defense would not obviate the necessity of proving execution…
1Opinion of the CourtPalmer, J.
This was an action brought by Artemas Gale to remove cloud from his title to 160 acres of land lying within the limits of the city of Sioux Falls, in Minnehaha county. Plaintiff claimed title under patent to Margaret Frazier; warranty deed from her to Louiza E. Gale, wife of plaintiff; and by will from his said wife to himself. He alleged possession by himself and wife from the 15th day of June, 1871, until the death of his wife in June, 1880, and possession by himself from that time until commencement of action; that defendants, and each of them, unjustly claimed to have title in fee to said…
2Cases cited16 opinions
- Lessee of Ewing v. BurnetSupreme Court of the United States · 1837
- Williamson v. . BrownNew York Court of Appeals · 1857
- Philadelphia, Wilmington & Baltimore Railroad v. HowardSupreme Court of the United States · 1852
- Hinde's Lessee v. LongworthSupreme Court of the United States · 1826
- Insurance Co. v. NewtonSupreme Court of the United States · 1875
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3Cited by10 opinions
- State v. HopeSupreme Court of Missouri · 1889
- Sioux City Boat Club v. MulhallSouth Dakota Supreme Court · 1962
- Pottlitzer v. Citizens Trust Co.Indiana Court of Appeals · 1915
- Raverty v. GoetzSouth Dakota Supreme Court · 1966
- Chapin v. LetcherNorth Dakota Supreme Court · 1958
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