Langan Realty Co. v. Dixon
| Decision Date | 30 December 1922 |
| Docket Number | 5193 |
| Citation | 191 N.W. 444,46 S.D. 170 |
| Parties | LANGAN REALTY CO., Plaintiff and Appellant, v. MARGARET DIXON et al, Defendants and respondents. |
| Court | South Dakota Supreme Court |
Appeal from the Circuit Court, Turner County, SD
#5193--Affirmed
Bogue & Bogue, Parker, SD
Attorneys for Appellant.
Dan E. Hanson, Parker, SD
Payne, Olson & Barton, Vermillion, SD
Attorneys for Respondent.
Opinion filed December 30, 1922
This action was brought to quiet title to a quarter section of land in Turner county. The defendants, except the defendant Frank Griffin, are the heirs at law of Susan Logue, deceased. Defendant Frank Griffin is the administrator of the estate of the said Susan Logue. The land in question, at the time of his death, was owned by Hugh Langan, who was a brother of the said Susan Logue, and who died testate on or about the 10th, day of June, 1902. The last will and testament of the said Hugh Langan contained the following bequest:
At the time of Hugh Langan's death, Susan Logue was, and for some time prior thereto had been, living upon and making her home upon the land in question. She claimed that during his lifetime Hugh Langan had agreed to deed her said land upon certain conditions which she claimed to have performed, and was greatly disappointed, because the land was not devised to her by her brother's will. She claimed she was entitled to the land and brought suit against the executor of the will to compel the conveyance of the land to her. In this suit she was unsuccessful. nor did she ever receive anything on account of the bequests in the will. It is contended by appellant that she refused to accept anything from the executor of the will, and that she renounced all rights thereunder. There was money placed in the bank at Centerville at one time for the purpose of paying her legacy, and she was notified of such fact and directed to call at the bank and get the same. There is no doubt that, had she called at the bank when so directed, she would have received the money; but no money was ever tendered to her nor deposited to her credit in the bank. She appears to have been of the opinion that an acceptance of the legacy would have amounted to a waiver of her right to specific performance under her alleged contract with the testator.
On or about the 8th day of November, 1919, the county court of Turner county, upon the petition of the executor of the will, made and entered what purports to be a decree of final distribution of the estate of Hugh Langan, in which it is specifically decreed that no part of Susan Logue's legacy had ever been paid, but which recognizes said legacy as a valid claim against the estate. It recognizes said legacy as a valid lien against the land involved in this suit, and distributes said land to the devisee named in the will subject to the payment to her of the sums of money due her under the provisions of the will.
By the terms of the will James A. Langan, who is a brother of Hugh Langan and Susan Logue, was appointed executor of said will, and he was also made the residuary legatee and devisee of the estate. In his petition for final distribution, he asked that the sums of money due Susan Logue under the terms of the will be made a specific lien on the land in controversy. Pursuant to this petition the county court decreed that the bequest to Susan Logue be and was a specific lien on said land. Thereafter the said James A. Langan conveyed the land to the plaintiff, a corporation, of which he is a stockholder and director. Plaintiff then commenced this action, by which it seeks, in effect, to have whatever charge or lien against said land that may...
To continue reading
Request your trial