Bailly v. Farmers' State Bank
South Dakota Supreme Court
Appeal from Circuit Court, Roberts County. Hon. Cray Carpenter, Judge. Action by Dan Bailly, an infant, and others against the Farmers’ State Bank of Sisseton and others, to- cancel a deed and to recover possession of realty;- defendant bank counterclaiming, and for subrogation to rights of a mortgagee. From a judgment granting relief to plaintiffs and -certain -of defendants, and from an -order denying a new trial, the defendant bank appeals.
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Appeal from Circuit Court, Roberts County. Hon. Cray Carpenter, Judge. Action by Dan Bailly, an infant, and others against the Farmers’ State Bank of Sisseton and others, to- cancel a deed and to recover possession of realty;- defendant bank counterclaiming, and for subrogation to rights of a mortgagee. From a judgment granting relief to plaintiffs and -certain -of defendants, and from an -order denying a new trial, the defendant bank appeals. (2) Under point two- of the opinion, Appellant cited: Sec. 153, Rev. Prob. Code; Secs. 3231-2, 3234, Pol. Code; Wells v. Sweeney, 16 S. D. 489, 94 N.…
1Opinion of the CourtSmith, P. J.
Appeal from, the circuit court of Roberts county. Action to cancel a deed and to recover possession of real estate. The complaint alleges that on or about the 22d day of July, 1903, one Charles E. Bailly, was seised as owner in fee simple, and was in- possession of premises -occupied by himself and family as a homestead; that Chas. E. Bailly died July 22, 1903, and left surviving him his wife, Inez Bailly, and seven sons and two -daughters, all minors, two- of whom are since deceased; -that about the 26th of January, 1905, Inez Ba-il-ly executed and delivered to the Reservation State Bank of…
2Cases cited2 opinions
- Craigo v. CraigoSouth Dakota Supreme Court · 1908
- Lyon v. Plankinton BankSouth Dakota Supreme Court · 1902
3Cited by6 opinions
- Speck v. AndersonSouth Dakota Supreme Court · 1982
- Gross v. GrossSouth Dakota Supreme Court · 1992
- In Re Snyder's EstateSouth Dakota Supreme Court · 1951
- Matter of Estate of MathisonSouth Dakota Supreme Court · 1991
- Goodson & Koski v. SmithWyoming Supreme Court · 1952
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