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7 South Dakota opinions name it 1 courts 1927–2024 2 in the last five years
The cases below were cited by South Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Iverson v. Iversongreen2 sentences2024See Iverson v. Iverson, 87 S.D. 628, 632 , 213 N.W.2d 708, 711 (1973) (stating that the requirement to oust a cotenant is an extension of the presumption that cotenants jointly occupy the premises at issue). 11 [¶29.] Nor does it appear that Edward challenged John’s color of title, which we have defined “as that which is title in appearance, but not in reality.” Mulhall, 79 S.D. at 675 , 117 N.W.2d at 96 ; see also Wood v. Conrad, 2 S.D. 334 , 50 N.W. 95, 96 (1891) (“‘Color of title’ is defined to be an apparent title founded upon a written instrument, such as a deed, levy of execution, decree 2024See Iverson v. Iverson, 87 S.D. 628, 632 , 213 N.W.2d 708, 711 (1973) (stating that the requirement to oust a cotenant is an extension of the presumption that cotenants jointly occupy the premises at issue). 11 [¶29.] Nor does it appear that Edward challenged John’s color of title, which we have defined “as that which is title in appearance, but not in reality.” Mulhall, 79 S.D. at 675 , 117 N.W.2d at 96 ; see also Wood v. Conrad, 2 S.D. 334 , 50 N.W. 95, 96 (1891) (“‘Color of title’ is defined to be an apparent title founded upon a written instrument, such as a deed, levy of execution, decree | 1 | 1 |
Wood v. Conradgreen2 sentences2024See Iverson v. Iverson, 87 S.D. 628, 632 , 213 N.W.2d 708, 711 (1973) (stating that the requirement to oust a cotenant is an extension of the presumption that cotenants jointly occupy the premises at issue). 11 [¶29.] Nor does it appear that Edward challenged John’s color of title, which we have defined “as that which is title in appearance, but not in reality.” Mulhall, 79 S.D. at 675 , 117 N.W.2d at 96 ; see also Wood v. Conrad, 2 S.D. 334 , 50 N.W. 95, 96 (1891) (“‘Color of title’ is defined to be an apparent title founded upon a written instrument, such as a deed, levy of execution, decree 2024See Iverson v. Iverson, 87 S.D. 628, 632 , 213 N.W.2d 708, 711 (1973) (stating that the requirement to oust a cotenant is an extension of the presumption that cotenants jointly occupy the premises at issue). 11 [¶29.] Nor does it appear that Edward challenged John’s color of title, which we have defined “as that which is title in appearance, but not in reality.” Mulhall, 79 S.D. at 675 , 117 N.W.2d at 96 ; see also Wood v. Conrad, 2 S.D. 334 , 50 N.W. 95, 96 (1891) (“‘Color of title’ is defined to be an apparent title founded upon a written instrument, such as a deed, levy of execution, decree | 1 | 1 |
Sioux City Boat Club v. Mulhallgreen2 sentences2024See Iverson v. Iverson, 87 S.D. 628, 632 , 213 N.W.2d 708, 711 (1973) (stating that the requirement to oust a cotenant is an extension of the presumption that cotenants jointly occupy the premises at issue). 11 [¶29.] Nor does it appear that Edward challenged John’s color of title, which we have defined “as that which is title in appearance, but not in reality.” Mulhall, 79 S.D. at 675 , 117 N.W.2d at 96 ; see also Wood v. Conrad, 2 S.D. 334 , 50 N.W. 95, 96 (1891) (“‘Color of title’ is defined to be an apparent title founded upon a written instrument, such as a deed, levy of execution, decree 2024See Iverson v. Iverson, 87 S.D. 628, 632 , 213 N.W.2d 708, 711 (1973) (stating that the requirement to oust a cotenant is an extension of the presumption that cotenants jointly occupy the premises at issue). 11 [¶29.] Nor does it appear that Edward challenged John’s color of title, which we have defined “as that which is title in appearance, but not in reality.” Mulhall, 79 S.D. at 675 , 117 N.W.2d at 96 ; see also Wood v. Conrad, 2 S.D. 334 , 50 N.W. 95, 96 (1891) (“‘Color of title’ is defined to be an apparent title founded upon a written instrument, such as a deed, levy of execution, decree | 1 | 1 |
Martin v. American Colloid Co.green2 sentences2022Colloid Co., 2011 S.D. 57, ¶ 12 , 804 N.W.2d 65, 68 (alteration in original) (citation omitted). 2022Colloid Co., 2011 S.D. 57, ¶ 12 , 804 N.W.2d 65, 68 (alteration in original) (citation omitted). | 1 | 1 |
Gillette v. McLaughlingreen1 sentence1928Whether or not the Hanson Case involved an extension of the doctrine of Bates v. Ryberg beyond its legitimate scope, we are satisfied, from the difference in the facts, that it would involve an even greater extension of that doctrine to apply it to the case at bar.- Furthermore, while this court did not, in the two appeals of Gillette v. McLaughlin, 43 S. D. 509, 180 N. W. 952 , and Id., 44 S. D. 499, 184 N. W. 277 , decide the point here presented, each appeal was by an executor; and the latter appeal resulted in a reversal of a decree setting aside a will. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in South Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Healy Ranch v. Mines
green
2 sentences2024“A deed, to constitute color of title, must apparently transfer title to [its] holder; not that the title should purport, when traced back to its source, to be an apparently legal title, but the instrument relied upon must profess to convey a title to the grantee.” Healy Ranch P’ship, 2022 S.D. 44, ¶ 62 , 978 N.W.2d at 784 (citing Wood, 2 S.D. 334 , 50 N.W. at 97 ). 11. 2024“A deed, to constitute color of title, must apparently transfer title to [its] holder; not that the title should purport, when traced back to its source, to be an apparently legal title, but the instrument relied upon must profess to convey a title to the grantee.” Healy Ranch P’ship, 2022 S.D. 44, ¶ 62 , 978 N.W.2d at 784 (citing Wood, 2 S.D. 334 , 50 N.W. at 97 ). 11. | 1 | 2024–2024 |
Magbuhat v. Kovarik
green
2 sentences2008However, the Court conditioned the extension of the rule for the inclusion of lay testimony on the type of circumstance such as when "a physician operates on a patient's knee, [and then] the wrong knee [is] treated," because under that kind of circumstance, "the lay witness could establish [the error] without indulging in speculation and conjecture or knowledge beyond a layperson's realm." Id. 2008However, the Court conditioned the extension of the rule for the inclusion of lay testimony on the type of circumstance such as when “a physician operates on a patient’s knee, [and then] the wrong knee [is] treated,” because under that kind of circumstance, “the lay witness could establish [the error] without indulging in speculation and conjecture or knowledge beyond a layperson’s realm.” Id. | 1 | 2008–2008 |
In Re the Alleged Mental Illness of Gillespi
green
1 sentence2000GILBERTSON, Justice (concurring in result). [¶ 19.] I would reverse the circuit court based on Matter of Gillespi, 397 N.W.2d 476 (S.D.1986). | 1 | 2000–2000 |
Pourier v. Board of County Com'rs of Shannon Co.
neutral
2 sentences1975Plaintiffs urge that Pourier v. Board of County Com’rs of Shannon Co., 83 S.D. 235 , 157 N.W.2d 532 , supports their claim of tax immunity, and they quote a clause from the opinion referring to an extension of this immunity to property purchased from the proceeds of sale or the increase (of livestock) or the exchange of property. 1975Plaintiffs urge that Pourier v. Board of County Com’rs of Shannon Co., 83 S.D. 235 , 157 N.W.2d 532 , supports their claim of tax immunity, and they quote a clause from the opinion referring to an extension of this immunity to property purchased from the proceeds of sale or the increase (of livestock) or the exchange of property. | 1 | 1975–1975 |
Gillette v. McLaughlin
neutral
2 sentences1928Whether or not the Hanson Case involved an extension of the doctrine of Bates v. Ryberg beyond its legitimate scope, we are satisfied, from the difference in the facts, that it would involve an even greater extension of that doctrine to apply it to the case at bar.- Furthermore, while this court did not, in the two appeals of Gillette v. McLaughlin, 43 S. D. 509, 180 N. W. 952 , and Id., 44 S. D. 499, 184 N. W. 277 , decide the point here presented, each appeal was by an executor; and the latter appeal resulted in a reversal of a decree setting aside a will. 1928Whether or not the Hanson Case involved an extension of the doctrine of Bates v. Ryberg beyond its legitimate scope, we are satisfied, from the difference in the facts, that it would involve an even greater extension of that doctrine to apply it to the case at bar.- Furthermore, while this court did not, in the two appeals of Gillette v. McLaughlin, 43 S. D. 509, 180 N. W. 952 , and Id., 44 S. D. 499, 184 N. W. 277 , decide the point here presented, each appeal was by an executor; and the latter appeal resulted in a reversal of a decree setting aside a will. | 1 | 1928–1928 |
Nolan v. Nolan
green
2 sentences1927The extension of the doctrine to- include the protection of the homestead' exemptions is discussed and maintained' in the following cases: Nolan v. Nolan, 155 Cal. 476 , 101 P. 520 , 132 Am. 1927The extension of the doctrine to- include the protection of the homestead' exemptions is discussed and maintained' in the following cases: Nolan v. Nolan, 155 Cal. 476 , 101 P. 520 , 132 Am. | 1 | 1927–1927 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.