Skelly v. Warren

Citations

• 17 S.D. 25
• 94 N.W. 408
• 1903 S.D. LEXIS 3

Syllabus

<p>1. Comp. Laws Dak. 1887, § 5455, declares that, in an action for the recovery of real property upon which permanent improvements have teen made by a defendant claiming to hold under color of title in good faith, the value of such improvements must be allowed as a counterclaim. Defendant, in action for the recovery of real property, testified as to his title, that “permission is given by the H. Company [a third party] to put up buildings, and that kind of title is given, which we regard as just as good as a warranty deed, unless the H. [Company] needs the ground for mining purposes, and under these circumstances there is an understanding that a person must move his buildings off,” etc. Held not to be color of title within the statute.</p> <p>2. In an action for the recovery of real property, wherein defendant counterclaimed for the value of improvements erected thereon by him, claiming the right to recover therefor solely by'virtue of a statute, and not setting up any equitable ground therefor, he could not avail himself of the equitable powers of the court.</p>