Grigsby v. Verch

• Decision Date: 04 May 1914
• Docket Number: No. 3398.,3398.
• Citation: 34 S.D. 39,146 N.W. 1075
• Parties: GRIGSBY v. VERCH.
• Court: South Dakota Supreme Court

34 S.D. 39

146 N.W. 1075

GRIGSBY

v.VERCH.

No. 3398.

Supreme Court of South Dakota.

May 4, 1914.

Appeal from Circuit Court, Beadle County; Alva E. Taylor, Judge.

Action by Melvin Grigsby against Gustav P. Verch. From a judgment for defendant, plaintiff appeals. Affirmed.Grigsby, of Sioux Falls, and Null & Royhl, of Huron, for appellant.

Gardner, Fairbank & Churchill, of Huron, and Boyce, Warren & Fairbank, of Sioux Falls, for respondent.

McCOY, J.

[1][2] It appears that one Day, on and prior to the 24th day of May, 1893, was the fee owner of the S. W. 1/4 of section 22, township 109, range 60, in Beadle county; that on said date said Day, by quitclaim deed, purporting on its face to be an absolute deed, conveyed to the Plankinton Bank of Milwaukee, Wis., all his right, title, and interest in and to said land; that thereafter, on the 1st day of June, 1893, the said Plankinton Bank, by said Day, its president, made a general assignment for the benefit of creditors to one Plankinton as assignee; that on the 3d day of June, 1893, the said Day made a general assignment for the benefit of creditors to one Momsen; that on the 23d day of August, 1901, the assignee of said Plankinton Bank, by order of court, sold and conveyed said land to one Jenkins; that on the 24th day of November, 1902, the assignee of said Day, by order of court, sold and conveyed the said land to said Jenkins, which deed was recorded July 24, 1906; that thereafter said Jenkins sold and conveyed said land to one Jochem, and thereafter on the 29th day of May, 1903, said Jochem, by warranty deed, sold and conveyed said land to defendant for the cash consideration of $1,600, the full value of said land. On the 10th day of June, 1905, the said Day, by quitclaim, conveyed to plaintiff whatever right, title, or interest he then had in said land. It also appears that on the 24th day of November, 1902, the said Plankinton Bank conveyed by deed to one Herman as assignee of said bank; that thereafter said Herman deeded and conveyed said land to said Jochem on the 26th day of November, 1902. It appears that said Day at all times had knowledge concerning the said assignment proceedings, both in the assignment made by himself and in the assignment made by him as president of the Plankinton Bank; that said Day or plaintiff never made any claim to said land prior to the beginning of this action; that in 1894 the said land was sold for taxes to one Benson, who thereafter paid the taxes...