O'Connor v. McCabe
South Dakota Supreme Court
Appeal from Circuit' Court, Union County. Hon. Louis L. ' FijíEGUR, Judge. Action by J. C. CFConnor and others against John McCabe, to quiet title to realty; defendant having under a cross'-complaint sought reformation of the description in the deed in question. From a judgment for plaintiffs, and from an order denying a new! trial, defendant and cross-complainant appeals.
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Appeal from Circuit' Court, Union County. Hon. Louis L. ' FijíEGUR, Judge. Action by J. C. CFConnor and others against John McCabe, to quiet title to realty; defendant having under a cross'-complaint sought reformation of the description in the deed in question. From a judgment for plaintiffs, and from an order denying a new! trial, defendant and cross-complainant appeals. (i) To point one of the opinion, Appellant cited: Mason v. Moulden, 58 Ind. x; Appeal of Ferguson, 11 Atl. Rep. 885; Spencer v. Spencer, 75 So. 770. Respondent cited: Story Eq. Jur., 'Sec. 987; -Enos v. Stewart (Cal.), 70…
1Opinion of the CourtGates, J.
The undisputed evidence ini this case shows that one Frank O’Connor owner the southeast quarter of. a certain section of land in Union county, S. D.; that it was the only farm, he owned; that in February, 1916, he went to a lawyer and asked him to draw a ’.deed to his farm in favor of defendant John McCabe;. that/by . mistake of the lawyer the description in the deed was made to read the southwest quarter instead of the soxxtheasf quarter of that section; that the deed, reciting the consideration to be $1 and other valuable considerations, was executed and delivered to the lawyer; that the…
2Cases cited1 opinion
- Spencer v. SpencerMississippi Supreme Court · 1917
3Cited by7 opinions
- Hazlett v. BryantTennessee Supreme Court · 1951
- Laundreville v. MeroMontana Supreme Court · 1929
- O'Connor v. McCabeSouth Dakota Supreme Court · 1923
- Dowding v. DowdingNebraska Supreme Court · 1949
- Shintaffer v. RoremSupreme Court of Oklahoma · 1934
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