Betts v. Letcher

Citations

• 1 S.D. 182
• 46 N.W. 193
• 1890 S.D. LEXIS 27

Syllabus

<p>1. A referee, under the statute in force at the time’ of the trial of this cause, was an officer of the court for a specific purpose; that is, “to take testimony,” “to ascertain a fact,” or, it might have been, to hear and determine any or all the issues of fact in an action, and to report a finding of fact u.pon which a judgment could have boon entered by the court. To detérmine the power of the referee, the object for which he was appointed, or the nature of the reference, must be continually kept in view.</p> <p>2. The protection which the registry law gives to those taking titles or security upon land upon the faith of the records should not be destroyed or lost except upon clear evidence showing'a want of g-ood faith in the party claiming this protection, and a clear equity in him who seeks to establish a right in hostility to such person. Slight circum- ' stances, or mere conjecture, should not suffice to overthrow the title of one whose title is first on record.</p> <p>3. Notice of a prior unrecorded conveyance, or of any title, legal or equitable, to the premises, or knowledge and notice of any facts which would put a prudent, person upon inquiry, impeaches the good faith of the subsequent purchaser.</p> <p>4. Possession, in order to constitute notice, must be open and notorious, and prima facie is, of itself, sufficient notice; but this presumption, like that arising from any other fact putting one upon inquiry, is subject to rebuttal by proof showing- that an inquiry, duly and reasonably made, failed to disclose any legal or equitable title in the occupant.</p> <p>5. The question of notice is one of fact, and is to be determined like any other fact.</p> <p>6. Partners, in relation to each other, are trustees of the partnership property; and, whatever either one may do with that property, he acts in a fiduciary capacity, and all beneficial results from the use of that property or funds inure to the benefit of the partnership.</p> <p>7. If real property b