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Brace v. Van Eps

Brace v. Van Eps, 83 N.W. 572 (S.D. 1900)
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Court
South Dakota Supreme Court · State Highest Courts
Decided
August 29, 1900
Judges
Fuller
Citations
83 N.W. 57213 S.D. 4521900 S.D. LEXIS 175
Disposition
A rehearing was subsequently granted. This opinion is upon the rehearing. The former decision is adhered to.
Summary
Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action to settle adverse claims to realty. This case was first determined by this court in an opinion filed September 2, 1899, reported in 12 S. D. 191, 80 N. W. 197, in which opinion the judgment of the trial court in favor of the plaintiff was affirmed,

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Fuller

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Fuller, P. J.

On this rehearing nothing is presented which tends in the slightest degree to diminish our confidence in the correctness of theformer opinion,in which it is held that the instrument -construed is not a testamentary devise, but a deed absolute in form, which presumptively took effect immediately upon delivery. Brace v. Van Eps, 12 S. D. 191, 80 N. W. 197 . Adhering to such views and the conclusion formerly reached, the judgment appealed from is affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1917: 119172026peak 1917 · 1

Relies on it most ⓘ

  1. Wilcox v. Hubbell163 N.W. 497 (Mich. 1917)

Most recent

  1. Wilcox v. Hubbell163 N.W. 497 (Mich. 1917)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Brace v. Van Eps, 80 N.W. 197 (S.D. 1899) 11

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