Southard v. Smith

Citations

• 8 S.D. 230
• 66 N.W. 316
• 1896 S.D. LEXIS 18

Syllabus

<p>Where, in an action to foreclose a lien, under the mechanic’s lien law of this state, one claiming a'n interest in the property was made a party defendant, and it was alleged in the complaint that such defendant, naming her, “has or claims to have some interest in the land, * * * but she has no claim prior or superior to that of plaintiff’s,” and such defendant admits such allegation in her answer, and fails to set up or claim any superior or paramount title to the property involved in the action, she is concluded by a verdict of a jury in such action finding all issues in favor of the plaintiff, and a judgment rendéred thereon, and she cannot be permitted to litigate or dispute the title to such property, as against one who claims the same under and by virtue of a sale of the property made under the said judgment.</p> <p>(Syllabus by the Court.</p>