Reports of Cases Decided in the Supreme Court of the State of ..., volume 20
Reports of Cases Decided in the Supreme Court of the State of ..., volume 20
South Dakota. Supreme Court
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Dec. 66; Foster v. Mansfield, 3 Mete. 415; O'Kel- ly V. O'Kelly, 8 Mete. 440; County of Calhoun v. American Emi- grant Co., 93 U. S. 124, 127, 23 L. Ed. 826; Watkins v. Xash, L. R. 20 Eq. 262; 3 Washb. Real Prop. 586. In the present case, it having been found that the deed was merely an escrow, and there being no pretense that the conditions were ever performed, no title passed to the grantee by the subsequent delivery of the deed to him. * * '^ It being thus plain that no title passed to the g...rantee, the only remaining question is whether Eliza is estopped to maintain her rights by the judgment in the action of replevin, whereby he es- tablished against her his right to the possession of the deed. In Digitized by Google 1906.] SCHMIDT v. MUSSON et. al. 397 the first place, it is clear that the other demandant, Henry W. Dag- gett, cannot be affected by any such estoppel. He was no party to the action of replevin. The defense of estoppel, if available against Eliza, does not extend to him.
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