Timber v. Desparois

Citations

• 18 S.D. 587
• 101 N.W. 879
• 1904 S.D. LEXIS 99

Syllabus

<p>1. Evidence in an action to quiet title to land held sufficient to sustain a finding that a deed executed by mark was executed by plaintiff, though the name written in was spelled differently from hers.</p> <p>2. A certificate of acknowledgment of a married woman stating that she, on a “separate” examination,, apart from her husband, acknowledged the deed, sufficiently shows compliance with Laws 1865-66, p. 95, ? 521, providing that acknowledgment of a married woman shall be on a “private” examination, apart from her husband.</p> <p>3. Failure of one for over 20 years to pay taxes on property or exercise any acts of ownership over it, during which time one who received a deed thereof from the grantee in a deed purporting to have been executed by her has improved and occupied it, is evidence of abandonment by her.</p>