13 S.D. 457 | S.D. | 1900
This appeal is from an order overruling defendants’ demurrer to the complaint upon the ground that it does not state a cause of action. The first paragraph of the complaint is as follows: “That plaintiff is, and ever since the
Defendants contend that the plaintiff cannot 'maintain this action, because the complaint shows that they were in possession under a tax deed, adverse to his grantors, at the time his title was obtained. The law relied upon reads as follows: “Every grant of real property, other than one made by the state, or under a judicial sale, is void if at the time of the delivery thereof such real property is in the actual possession of