Reports of Cases Decided in the Supreme Court of the State of ..., volume 26

Cover Reports of Cases Decided in the Supreme Court of the State of ..., volume 26
Reports of Cases Decided in the Supreme Court of the State of ..., volume 26
South Dakota. Supreme Court
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On September 10, 1897, the said receiver undertook and purported to sell, to the defendant Julius A. Perkins, certain assets of said cor- Digitized by Google 1910.] JOY V. MIDLAND STATE BANTK et al. 219 poration, among which was the land involved in this suit. A re- port of such sale was made to the court, and on October 6, 1897, such sale was confirmed by said court over the objections of said Midland State Bank; and on October 19, 1897, the said receiver executed a deed, purporting to convey ...the said lands to the appel- lant herein, which deed was never filed for record in the office of the register of deeds of Pennington county until July 20, 1907.
It is under and by virtue of this deed that appellant claims title to the land and seeks, through counterclaim, a decree quieting such title. Plaintiff makes no claim of title under and through the original source of title, but bases his claim solely upon the follow^- ing: A treasurer's tax deed, purporting to convey all of this land, was on October 15, 1897, issued by the then treasurer of Penning- ton county to one Paul S.


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