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40 S.D. 244

Carrol v. Fowler

South Dakota Supreme Court

Decided March 26, 1918

South Dakota Supreme Court · decided 1918-03-26

Hon. Frank B. .SmiTi-i, Judge. Action by Jamies D. Carrol, against AV. A. Fowler and others, to determine adverse ownership and claim's to realty. From a judgment for defendant Fowler, and from an order 'denying a new trial, plaintiff appeal's. (1) To point one of the opinion, Appellant efited: Gibson v. Smith 24 S. D. 514. Respondent cited: Pol.

Cited by 1 later decisions — most recently January 1961

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1918-03-26

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WHITING, P. J.

¶1(’concurring specially). While I do not think the record hierie&i sustains*, in toto, the is'taibemient of fadts fioumld in. the majority opinion, I am of the opinion that the record: shlows defendant Fowler to be, for reasons other than those stafceld in ¡the majority opinion,, .the holder of ‘at least the complete equitable title to s'aiidl lands. I therefore concur in the result.

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