Salmer v. Lathrop

Citations

• 10 S.D. 216
• 72 N.W. 570
• 1897 S.D. LEXIS 46

Syllabus

<p>1. It is no ground for exclusion of deposition that after it was taken for plaintiff, and returned in envelope bearing title of the cause, as prescribed by iComp. Laws, Sec. 5292, other persons were, by amendment, made plaintiffs; the issues not being materially changed or defendant prejudiced thereby. ,</p> <p>2. Identity of a grantee of property with a subsequent grantor thereof may be shown by parol, where the property was deeded to him by a wrong name, and conveyed by him in his right name.</p> <p>3. A tax deed, made by Revision 1877, Chap. 28, Sec, 74, (Comp. Laws, Sec. 1639), “conclusive evidence of the truth of all the facts therein recited,” is void on its face, where it recites that the tax sale was at a certain time, at which, under Revision 1877, Chap. 28, Sec. 62, as amended by Sess. Laws 1879, Chap. 49, the sale could not legally be held; or that two lots, required by Comp. Laws, Secs, 1593, 1595, to be assessed separately, and therefore required to be sold separately, were sold as one parcel.</p> <p>4. The limitation of three years from the time a tax deed is recorded, prescribed for suit by the former owner to recover land which has been sold and conveyed by deed for nonpayment of taxes, does not run where the deed is void on its face.</p>