Friedrich v. Fergen

Citations

• 15 S.D. 541
• 91 N.W. 328
• 1902 S.D. LEXIS 65

Syllabus

<p>1. Where the owner of an undivided interest in land sues his co-owners for his share of the profits of the resale, the action will not be dismissed on the theory that it is one to settle adverse claims to realty, which will not lie by one not in possession.</p> <p>2. Inasmuch as the submission to arbitrators may he revoked any time before the award, the action of the court in refusing to dismiss an action will be deemed proper where it appeared from the record that proper notice of a revocation of the submission was given, and it did not appear when the award was made.</p> <p>3. Where, in an action by one co-tenant to recover profits of a resale from another co-tenant, it appeared that defendant had placed improvements on the land, and the question of defendant’s honesty of intention was one of fact for the court, a finding thereon, not being against a clear preponderance of the evidence, will not be disturbed.</p>