Meadows v. Osterkamp
South Dakota Supreme Court
Appeal from circuit court, Sully county. Hou. LoriN© E. Gappy, Judge. Action by George Meadows and William Meadows against Lorenze Osterkamp and others. Judgment for plaintiffs, and defendant Lorenze Osterkamp appeals. The facts are stated in the opinion. A tax deed regular on its face and properly acknowledged and executed is color of title.
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Appeal from circuit court, Sully county. Hou. LoriN© E. Gappy, Judge. Action by George Meadows and William Meadows against Lorenze Osterkamp and others. Judgment for plaintiffs, and defendant Lorenze Osterkamp appeals. The facts are stated in the opinion. A tax deed regular on its face and properly acknowledged and executed is color of title. Taylor v. Hamilton, 173 Ill. 392; Davis v. Hall, 92 111. 85; Parker v. Vinton, 77 N. W. 1023. Good faith is presumed until controverted. If controverted it becomes a question of fact for the jury. Woodward v. Blanchard, 16 111. 425; Stackler v. Silsbee,…
1Opinion of the CourtFuller, P. J.
Plaintiffs prevailed in this action to remove a cloud by setting aside a tax deed covering the premises described in the complaint, and the defendant appeals. Assuming, without deciding, that the tax deed is void, we will examine the record, for the purpose of determining whether the court was justified in holding, as a matter of law, that appellant was not entitled to recover the value of certain permanent improvements placed upon the land while in actual adverse possession under such deed. The statute under which the action was brougnt contains the following provision: “In an action for the…
2Cases cited7 opinions
- Loeb v. . WillisNew York Court of Appeals · 1885
- Montgomery v. WhitfieldSupreme Court of Louisiana · 1889
- Parker v. VinsonSouth Dakota Supreme Court · 1899
- Latta v. CliffordU.S. Circuit Court for the District of Colorado · 1891
- Gaines v. SaundersSupreme Court of Missouri · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hunter v. CoeNorth Dakota Supreme Court · 1903
- King v. LaneSouth Dakota Supreme Court · 1906
- Hannahs v. ProvineSouth Dakota Supreme Court · 1911
- Anderson v. Beadle CountySouth Dakota Supreme Court · 1927