Murphy v. Nelson

Citations

• 19 S.D. 197
• 102 N.W. 691
• 1905 S.D. LEXIS 20

Syllabus

<p>1. A deed by an Indian, conveying land patented tohim by ’an instrument in the usual form of homestead patems, constitutes color of title within Rev. Code Civ. 'Proc. § 54, making 10 years’ actual possession and payment of taxes under color of title ground for an adjudication of ownership, whether or not such deed is actually void under the United States laws prohibiting Indians from c'onveying land within five years from .the date of patents.to them. - . ,. - ' .</p> <p>2. Under Rev. Code Civ. Proo. § 54, making 10 years’ possession and payment of taxes under color of title ground for an adjudication of ownership, one who was in possession of lands and paid all taxes assessed thereon between July 1, 1891, and July 1, 1901, became the owner of the lands according to the purport of her paper title, though she did not pay the taxes for 1901, which, while the assessment was begun by listing and valuing the property before July 1, 1901, did not become due by virtue of a completed assessment until the 1st day of December of that year, after the original valuation of the property had been corrected by the boards of review and the amount of the tax determined by the levy of the county commissioners.</p> <p>3. Under Rev. Code Civ. Pro. § 54, making 10 years’ possession under color of title, and payment of all taxes “legally assessed,” ground for an adjudication of ownership, actual possession and payment of taxes under color of title, and in good faith, for the required period, entitles one to be deemed the legal owner, although the assessment of taxes for one or more of the years may be technically illegal; the term “legally assessed” meaning merely assessed under color of legal authority.</p> <p>4. Where a statute of another state is adopted by this state, the 'construction given to the law by the courts of the other state prior to its adoption by this state is presumed to have been adopted with the law itself.</p>