Troy v. Brown

Citations

• 18 S.D. 11
• 99 N.W. 76
• 1904 S.D. LEXIS 12

Syllabus

<p>Plaintiff sued to determine adverse claims relying on a tax deed adjudged in the action to be void. The record title was in defendant, who had delivered a deed in escrow for S., but the conditions of the eJLrow were never complied with, and the deed was surrendered to defendant. Subsequently S. had a copy made from memory, and filed it for record. Intervener claimed through S. Defendant, after the recording of the copy, failed to pay the taxes or to occupy the land, b^ut there was nothing to show that intervener was harmed thereby. Judgment was rendered for defendant, and intervener alone appealed. Held, that the failure of the court to find that defendant had not paid the taxes or occupied the. land, plaintiff not complaining, was not sufficient to justify reversal.</p>