Grace v. Ballou

Citations

• 4 S.D. 333
• 56 N.W. 1075
• 1893 S.D. LEXIS 79

Syllabus

<p>1. Where a plaintiff, whose title to real estate depends upon the prior ownership of the same by another, alleges such prior ownership by averring that the said land “was the property of” such other, such title and ownership, so far as that allegation is concerned, will be held as put in issue by a denial of the same, without close inquiry as to whether such allegation states a fact or a conclusion of law.</p> <p>2. In such case, the further allegation of the answer that the land in question was the property of defendant, subject only to certain recited mortgages, and showing further the issue to him of a final receipt therefor by the United States land office, is a sufficient allegation of defendant’s ownership.</p> <p>3. A court will not take judicial notice of its records and proceedings in another case.</p> <p>4. Judgments and decrees are conclusive only as between parties and pri-vies to the litigation.</p> <p>(Syllabus by the Court.</p>