Legal Opinion

Cochrane v. McCoy

South Dakota Supreme Court

Decided September 24, 1920No. File No. 4578Published

Appeal from 'Circuit Court, Brown Count}’. Hon. Thomas L. Boucic, Judge. Action by Stacey A. Cochrane, special administrator of James H. Welch, deceased, and John W. ¡Crammer, substituted for James H. Welch, deceased, against Anna E. McCoy, to qjuiet title to realty. ¡Erom a judgment for defendant, and from- an order denying a new trial, plantiifs appeal.

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Appeal from 'Circuit Court, Brown Count}’. Hon. Thomas L. Boucic, Judge. Action by Stacey A. Cochrane, special administrator of James H. Welch, deceased, and John W. ¡Crammer, substituted for James H. Welch, deceased, against Anna E. McCoy, to qjuiet title to realty. ¡Erom a judgment for defendant, and from- an order denying a new trial, plantiifs appeal. (2) To point two of the opinion, Appellant cited: Baldwin v. Burt, 43 Neb. 245, 61 N. W. 601; Peavey v. Wells, (Minn.) i;6i N. W. 508. (5) To point five, Appellant cited: Ruling Case Law, Yol. 7, p. 819; Mining Co. v. Yarw'ood, 67 Pac. 749;…

1Opinion of the CourtPolley, J.

This is an action to quiet title to an undivided one-half interest in a quarter section of land in Brown county. *378The case was here on a former appeal from an order of the trial court dismissing the action for want of prosecution. See Welch v. McCoy, 40 S. D. 273, 167 N. W. 159.

[1] It was suggested at the oral argument of this appeal that the appellant, James iH. Welch, had died intestate since the trial of this case, and that one Stacy A. Cochrane was the duly appointed, qualified, and acting special administrator of the estate of said Welch. It was also satisfactorily shown to the court that…

2Cases cited3 opinions

  1. Wheeler v. TaylorOregon Supreme Court · 1898
  2. Welch v. McCoySouth Dakota Supreme Court · 1918
  3. Shutz v. TidrickSouth Dakota Supreme Court · 1910

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