Van Dyke v. Grigsby
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Joseph N. Jones Judge. Action by John H. Van Dyke against Melvin Grigsby and Porter Peck to cancel a notice of lis pendes filed in a former action and to vacate and set aside a warrant of attachment issued in said action and the levy made thereunder and to quiet title to certain lands. From a judgment for defendant plaintiff appeals. The facts are fully stated in the opinion.
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Appeal from circuit court, Minnehaha county. Hon. Joseph N. Jones Judge. Action by John H. Van Dyke against Melvin Grigsby and Porter Peck to cancel a notice of lis pendes filed in a former action and to vacate and set aside a warrant of attachment issued in said action and the levy made thereunder and to quiet title to certain lands. From a judgment for defendant plaintiff appeals. The facts are fully stated in the opinion. Title acquired by an unrecorded deed is superior to that obtained by a purchaser at an execution sale under an attachment levied after the deed was made. Baterman v.…
1Opinion of the CourtCorson, P. J.
This is an action brought by plaintiff to
cancel a notice of Us pend,ens filed in an action wherein said defendant Grigsby was plaintiff, and one Frederick T. Day was defendant, and to vacate and set aside a warrant of attachment *34issued in said action, and the levy made thereunder, so far as-the same affects certain lands claimed by the plaintiff, and to quiet plaintiff’s title to said lands. The findings and judgment were in favor of the defendants, and the plaintiff appeals. The defendant Peck was made defendant as receiver, and will not be further noticed in this opinion.
It is undispúted…
2Cited by3 opinions
- Cox v. BowmanSouth Dakota Supreme Court · 1945
- Bowler v. First National BankSouth Dakota Supreme Court · 1907
- Hale v. GrigsbySouth Dakota Supreme Court · 1899