Roblin v. Palmer

Citations

• 9 S.D. 36
• 67 N.W. 949
• 1896 S.D. LEXIS 106

Syllabus

<p>1. The failure of the court before which a question of fact is tried to file its written decision within 30 days after the submission of the cause, as required by Comp. Laws, Sec. 5066, as amended by Laws 1893, Chap. 72, is not ground for reversal, in the absence of injury to the unsuccessful litigant.</p> <p>2. A failure to make a finding of fact on an issue expressly abandoned at the trial, and on which no evidence was introduced or finding requested, is not available on appeal.</p> <p>3. Title acquired by an unrecorded deed is superior to that obtained by a . purchaser at an execution sale under an attachment levied after the deed was made. Batement v. Backus, 34 N. W. 66, 4 Dak. 433, followed.</p>