McCormick Harvesting Machine Co. v. Woulph

Citations

• 11 S.D. 252
• 76 N.W. 939
• 1898 S.D. LEXIS 110

Syllabus

<p>1. An appeal taken from a judgment, and from an order denying a new trial wliich was never entered, will be disregarded, so far as it relates to the order.</p> <p>2. An appeal from a judgment alone presents only errors of law occurring at the trial, including the direction of a verdict on the undisputed evidence.</p> <p>3. Claim and delivery can be maintained for only such property as was in th e actual or constructive possession of defendant when the action was begun.</p> <p>4. Where plaintiff brought claim and delivery for corn claimed under a crop mortgage, which he alleged was intended to cover the land on which it was grown, but by mutual mistake covered other land, and a mistake of the mortgagee and fraud of the mortgagor in misrepresenting the description were proved, it entitles plaintiff to the same relief as though there had been in fact a mutual mistake.</p>