Joy v. Midland State Bank
South Dakota Supreme Court
Appeal from Circuit Court, Pennington County. Hon. Levi McGee, Judge. Action by Francis F. Joy against the Midland State Bank and others, in which Julius A. Perkins was made a defendant by order of court on his petition. From a judgment for plaintiff, defendant Julius A. Perkins appeals. Where it appears from the tax deed that the premises' described therein were purchased at public auction by the county at a competitive bidding sale, the deed is void upon its face.
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Appeal from Circuit Court, Pennington County. Hon. Levi McGee, Judge. Action by Francis F. Joy against the Midland State Bank and others, in which Julius A. Perkins was made a defendant by order of court on his petition. From a judgment for plaintiff, defendant Julius A. Perkins appeals. Where it appears from the tax deed that the premises' described therein were purchased at public auction by the county at a competitive bidding sale, the deed is void upon its face. Reckitt v. Knight, 16 S. D. 395. Where it appears from an inspection of the tax deed that the property, consisting of 320 acres,…
1Opinion of the Court
WHITING. P. J.
This action was brought by the plaintiff to quiet title in certain lands in Pennington -county; -said action *248being brought under the provisions of chapter 81' of the 1905 Session Laws of this state. The defendant Perkins was not named in the original summons or complaint, and was not a party to said action except as he was made so under the term “persons unknown”; but he became party defendant upon order of court, made at his request. The cause was tried to the court without a jury, and findings of fact were made upon which conclusions of law and decree were entered in favor of…
2Cases cited17 opinions
- Fall v. EastinSupreme Court of the United States · 1909
- Relfe v. RundleSupreme Court of the United States · 1881
- Hoyt v. . ThompsonNew York Court of Appeals · 1851
- Fall v. FallNebraska Supreme Court · 1905
- Gilman v. KetchamWisconsin Supreme Court · 1893
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3Cited by7 opinions
- McDonald v. Pacific States Life InsuranceSupreme Court of Missouri · 1939
- Plowman v. MordenSouth Dakota Supreme Court · 1914
- Estate of Ducheneaux v. DucheneauxSouth Dakota Supreme Court · 2015
- Joy v. Midland State BankSouth Dakota Supreme Court · 1911
- First National Bank of Eden v. MeyerSouth Dakota Supreme Court · 1991
2 more not listed; retrieve them via the Exa API.