Hobart v. Scott
Hobart v. Scott
Opinion of the Court
This is an action brought to- quiet title to certain land. The lower court found that the intervener held title to the land in question, and it is admitted that such intervener has succeeded to all the rights formerly held by the defendants, and the issues w-ere submitted to- the trial court as between the plaintiff and intervener. Motion for new trial being overruled, the plaintiff has appealed.
Intervener’s rights rest, in part at least, on two- tax deeds issued to his grantor. If these tax deeds are valid on their faces, then the lower court should be sustained; all assignments raising other questions becoming immaterial. Each of these tax deeds
We have not overlooked a line of decisions by the Supreme Court of Missouri, found cited frequently. But in those cases it was held that a sale “within the courthouse” did not comply with a statute directing the sale to be held “before the courthouse door”; but there is clearly a wide distinction between the intent and meaning of “at the courthouse” and “within the courthouse.” The deeds were therefore valid on their faces, and all other questions raised are covered by the decisions of this court in Cornelius v. Ferguson, 23 S. D. 187, 121 N. W. 91, and Bandow v. Wolven, 20 S. D. 445, 107 N. W. 204.
The judgment of the trial court and order denying a new trial are affirmed.
Reference
- Full Case Name
- HOBART v. SCOTT (TIFFT, Intervener)
- Status
- Published