Wood v. Conrad

Citations

• 2 S.D. 405
• 50 N.W. 903
• 1892 S.D. LEXIS 3

Syllabus

<p>1. The common law action of ejectment does not exist under our Code, but a person claiming an estate or interest in real property which is held adversely to him by one in possession can bring an action to determine the nature of their respective claims.</p> <p>2. On the trial of such an action, all evidences of title which either party may have can be produced to establish the validity or legality of either one.</p> <p>3. A sale of real property under an execution is a conditional one. The purchaser acquires a conditional equitable estate, which may become an absolute one by the lapse of time. The legal title remains in the judgment debtor, with a further right in him, and also his creditors having subsequent liens, to defeat the operation of a sale already made.</p> <p>4. During the period of redemption, the dry, naked, legal title remains in the judgment debtor, with a legal authority vested in the sheriff to divest it, at the expiration of the redemption period, by executing a deed to the purchaser.</p> <p>(Syllabus by the Court.</p>