Reichelt v. Perry

Citations

• 15 S.D. 601
• 91 N.W. 459
• 1902 S.D. LEXIS 69

Syllabus

<p>1. Comp. Laws, § 5449, authorizing any person claiming an estate in realty adversely to another to institute an action for the determination of such adverse claims, does not change the nature of the jurisdiction of the court in an action to quiet title, hut such jurisdiction remains purely equitable, justifying the court in treating the verdict of a jury in such a ease as advisory merely, and finding contrary thereto.</p> <p>2. Where defendant in an action to quiet title seeks by answer or counterclaim to quiet title in himself, equity will retain jurisdiction, and proceed to a final determination of the matters at issue between the parties, even though the complaint did not give such jurisdiction.</p> <p>Cokson J., dissenting.</p>