Horswill v. Farnham

Citations

• 16 S.D. 414
• 92 N.W. 1082
• 1902 S.D. LEXIS 131

Syllabus

<p>1. A tax deed, from which the statutory recital that the tax had been duly assessed and properly charged on the tax book and duplicate for the year of the assessment was entirely omitted, was void on its face.</p> <p>2. The limitation Qf three years against an action to recover land conveyed for nonpayment of taxes, after the recording of the tax deed, does not run in favor of a deed void on its face.</p> <p>3. In an action to recover real property, where both parties claim title through a common source, it is not necessary to -trace the title from the United States, nor enquire into the title of the common grantor.</p> <p>6. Where a husband executed a deed to certain land in question to indemnify the grantee as indorser of a draft drawn by the husband, and thereafter, on the wife’s indemnifying such grantee for the amount paid, he executed a deed of the land to her, which recited that the deed was given as indemnity to the grantee for the payment of the draft described, such deed to the wife did not convey title to her as against a deed by both husband and wife to another previously executed.</p>