25 S.D. 16 | S.D. | 1910
This is an appeal by the defendant from a judgment entered in favor of the plaintiffs. The action was instituted by the plain-tiffs against C. E. Gingery, since deceased, for the purpose of obtaining a decree rescinding a contract of sale of a certain stallion .sold by said Gingery to the plaintiffs for breach of a written guaranty, and on the ground of fraudulent representations made by the defendant, C. E. Ginger)', to the plaintiffs in regard to said stallion. Issue was joined in said
In Fallon v. Butler, 21 Cal. 32, the Supreme Court of California, in defining the term “claim,” used in the Probate Code of that state, which is -substantially the same as our own, says: “Whatever signification there may be attached to the word ‘claim’ standing by itself, it is evident that in the probate act it has reference to such debts or demands against the decedent as might have been enforced against him in his lifetime by personal actions for -the recovery of money, upon- which only a money judgment
The only serious question that arises in the case is the one growing cut of the conclusions of law, and decree of the court adjudging that the defendant pay to the plaintiffs $310 for the keep of the horse during the time it was in the plaintiffs’ possession. This, horse during the time it was in the plaintiffs’ possession. This, however, being an equity action, and the court having jurisdiction of the subject-matter and of the parties, it clearly had jurisdiction to determine all questions necessarily connected with .the subject-matter of the action; and, as the court, as a court of equity, had before it for decision the question of whether or not the plaintiffs were entitled to the rescission of the contract of sale, it had power to allow compensation for the keep of the house, without a presentation of said claim to the executrix, as the plaintiffs could not know or determine that they had any right to said claim or demand until the court found that they were entitled, under the evidence, to rescission. That part of the judgment adjudging that the plaintiffs were entitled to recover the value of the keep
Finding no error in the record, the judgment of the court below is affirmed.