¶1On this rehearing nothing is presented which tends in the slightest degree to diminish our confidence in the correctness of theformer opinion,in which it is held that the instrument -construed is not a testamentary devise, but a deed absolute in form, which presumptively took effect immediately upon delivery. Brace v. Van Eps, 12 S. D. 191, 80 N. W. 197. Adhering to such views and the conclusion formerly reached, the judgment appealed from is affirmed.
13 S.D. 452
Brace v. Van Eps
Decided August 29, 1900
South Dakota Supreme Court · decided 1900-08-29
<p>Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge.</p> <p>Action to settle adverse claims to realty. This case was first determined by this court in an opinion filed September 2, 1899, reported in 12 S. D. 191, 80 N. W. 197, in which opinion the judgment of the trial court in favor of the plaintiff was affirmed,</p>
Cited by 1 later decisions — most recently June 1917
1 state decisions
Relies on Brace v. Van Eps
Good law ✅— No negative treatment on recordhow we know
A rehearing was subsequently granted · Decided 1900-08-29
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