17 S.D. 31 | S.D. | 1903
This appeal is from an order overruling a motion for a new trial in an action instituted October 4, 1899, by appellant, in his own name, to determine adverse claims to five distinct tracts of real property situated in Day county. Appellant relies wholly upon a conveyance to himself obtained from the general owner of the property at a time when respondent was in actual adverse possession under certain tax deeds and sections 3303 and 4870 of the Compiled Laws were in full force. While appellant’s deed passed all the right, title, and interest'of his grantor, it was an absolutely void instrument, under section 3303, as to respondent in adverse possession, and the only remedy for the recovery of the land at that time was by an action against respondent in the name of such grantor, but for the exclusive use and benefit of appellant. In recognition of the rights of such a grantee and this construction .of section 3303, and to provide a remedy for purchasers who have thus succeeded to all the rights ol their grantors,