Coleman v. Stalnacke

Citations

• 15 S.D. 242

Syllabus

<p>1. Where an appeal is from the judgment alone, the only' questions presented are whether the pleadings and findings support the judgment.</p> <p>2. .Where in an action to recover' possession of land the complaint does not expressly state that the tract is in the county in which the action is brought, if there is no motion for change of venue to another county the appellate court will presume, in support of the judgment, that the action was instituted in the proper county.</p> <p>3. In the absence of any showing that a finding as to the location of the land in controversy is incorrect, it should be presumed to be correct, and based on sufficient competent evidence.</p> <p>4. In an action to recover possession of land, where defendant went into possession under a contract of purchase from plaintiff, which defendant forfeited, plaintiff’s prior possession is sufficient to entitle him to recover.</p> <p>5.' Where defendant received possession' of land from plaintiff under a contract to purchase, which defendant forfeited, he is estopped from . disputing plaintiff’s right and title to the land.</p> <p>6. Where defendant went into possession of land under a contract to purchase, and made improvements thereon, he is not entitled to compensation for such improvements ■ after he forfeits his contract.</p>