Campbell v. Equitable Loan & Trust Co.

Citations

• 14 S.D. 483
• 85 N.W. 1015
• 1901 S.D. LEXIS 49

Syllabus

<p>1. Comp. Laws, § 5449, provides that an action may be brought by any person against another who claims an estate or interest in real property adverse to. him. A complaint alleged that plaintiff was the owner in fee simple of certain land,' and that defendant claimed an interest in it by virtue of a pretended tax deed, but that such claim was without merit or foundation in law. Held, that the complaint stated facts sufficient to constitute a cause of action, notwithstanding it contained unnecessary allegations as to defects in defendant’s title, since such allegations should be eliminated as surplusage.</p> <p>2. Where a complaint stated a cause of action to quiet title, and also contained unnecessary allegations as to defects in the tax proceedings under which defendant claimed title, the legal effect of the unnecessary allegations cannot be determined on demurrer.</p> <p>3. Comp. Laws, § 5449, provides that any person may maintain an action to quiet title against another who asserts a claim or interest therein adverse to him; and section 1643, as amended by Laws 1893, chap. 160, provides that whenever any action is brought to recover possession or title to any property sold for taxes, or to cancel any deed or grant thereof for taxes, the true and just amount of taxes due on such property must be ascertained, and judgment rendered therefor against the taxpayer. Held,, that it was not necessary, in an action brought under Section 5449 to quiet title, to tender the amount of taxes recoverable, in order to state a cause of action, and to justify the court irf determining the matter, since it was the court’s duty, under section 1643, to adjudge the proper portion of taxes to be paid by the owner.</p> <p>4. Comp. Laws, § 4932, provides that the plaintiff may unite in the same complaint several causes of action to recover real property. Held, that a complaint which united five causes of action to set aside five tax deeds on five separate tracts of land was not demurrab