Meadows v. Osterkamp

Citations

• 13 S.D. 571
• 83 N.W. 624
• 1900 S.D. LEXIS 189

Syllabus

<p>1. Under Comp. Laws, § 5455, which provides that “in an action for the recovery of real property upon which permanent improvements have been made by a defendant or those under whom he claims, holding under color of title adversely to the claim of the plaintiff, in good faith, the value of such improvements must be allowed as a counterclaim by such defendant,” the fact that a tax deed under which a defendant claims was issued to him without his having given a proper notice under the statute, and before the expiration ot the 60 days after completed service of such notice, does not, as matter of law, show that it was taken in bad faith, so as to prevent it from constituting color of title, but the question of good faith is one of fact.</p> <p>2. In an action for the recovery of real property, .where the defendant, claiming for improvements, holds under a tax deed fair on its face, his good faith is presumed, until the contrary is shown.</p> <p>3. Where the court, in an action to recover real property, in which the defendant claimed for improvements, sustained an objection to evidence offered to show the value of such improvements, on the ground that defendant’s acceptance of a tax deed irregularly issued showed his bad faith, as a matter of law, defendant was not required to offer further evidence of his good faith, to entitle him to assign error upon such ruling.</p>