Goldberg v. Kidd

Citations

• 5 S.D. 169
• 58 N.W. 574
• 1894 S.D. LEXIS 52

Syllabus

<p>1. A deed, regular upon its face, made by the county judge of the proper county as a conveyance by him, as trustee, of a certain lot, under the townsite law, is presumptively valid and authorized, without affirmative proof that all conditions which should precede the making of such deed have been complied with.</p> <p>2. Such presumption, however, is not conclusive; and, in an action in ejectment by the grantee named in such deed, it may be shown, in defense, ' by a defendant in actual possession, and claiming to be the equitable owner, that the county judge had no authority to make such deed.</p> <p>3. In such action the defendant may plead and show the very things that, in an equitable action for that purpose, would entitle him to have the deed held void, or its holder the trustee of the legal title for his benefit.</p> <p>4. Under the act of congress authorizing and providing for townsite entries the county judge takes the legal title of the occupied lots in trust for those who are the “occupants” of them, respectively.</p> <p>5. Simultaneously with such entry, and as the immediate result thereof, each occupant takes a vested equitable interest in the lot or lots of which he was the occupant.</p> <p>6. The provision in the said act of congress that “the execution of which trust as to the disposal of the lots in such town and the proceeds of the sale thereof, to be conducted under such regulations as may be prescribed by the legislative authority of the state or territory in which the same may be situated,” did not authorize the local legislature, either directly or indirectly (by a statute of limitations), to divest such occupant, continuing in actual occupation, of his equitable interest in the lot so occupied, or to add new conditions, upon which, only, he might continue to hold and enjoy such possession and equitable interest.</p> <p>7. The law of congress made no express provision for the conveyance by the trustee of the legal title of lots to their occupa