Evenson v. Webster

Citations

• 5 S.D. 266
• 58 N.W. 669
• 1894 S.D. LEXIS 55

Syllabus

<p>1. Where plaintiff introduces in general evidence, as a part of her case, a written instrument, apparently properly executed and delivered, she thus asserts its competency, and she cannot afterwards, to avoid a benefit claimed by defendant under it, object that there was no proof of its execution and delivery.</p> <p>2. The evidence in this case, however, examined, and held to support the findings of the trial court that the instrument was in fact properly executed and delivered.</p> <p>3. In an action to recover possession of real property, plaintiff must recover if at all, by showing his own title or right. Failing in this, he cannot complain that the evidence does not establish defendant’s right to possession.</p> <p>(Syllabus by the Court.</p>