Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-09-23

dhe Daily 3ress and 9xtstxiau
vANkToN DAKOTA
tuesday Evening, Sept. 20, 1879.
Of THE SUPREME COURT.
PUBLISHED BY AUTHORITY.
Z. @. SMITH, Reporter.
@ N--htA ha4A
DECEMBER TERM, 1873.
elizabeth A. WAxBoLE, Respondent,
, OBED FooTE, Appeuaaa. "a asa,
In THE SUPREME CouRr OF THE TERRI.
TOBY OF DAKOTA, AT THE JUNE TERN,
1878. ..y.e
atiw - CONTINUED from the a. II safs.n
It Va. oontendsd for the appellant that,
ifthese deeds were not legally acknoWl.
edged, they amounted TO q contract on her
part to convey. But this precise question
was before the court in tho case Of Martin
v. Dwelly, in 9th Wendelrs reports, 10 to
Wit: Whether deed executed Jointly with
her husband, but not acknowledged pursu-
ant TO the statute, was valid against the
feme covert, a. an agreement 70 convoy. a5ii
In that case it was commended that . court
Of equity would consider it q an agreement
to convey, and if it was shown to have been
voluntarily made for q valuable consider.
alton, would compel the wife or her heirs
specifically to perform II. This doctrine
was, however, repudiated BY the court as
unsound in principle, and unsupported by
any color of authority.
But in the present case, the 18th finding
discloses the fact, that the plaintif has
" never received any confederation for the
said c%onveyancss, or either of them,csave
the promise by said Todd to convey to her
!" some lots, in the city Of Yankton, Of equal
"or greater value; but which lots were not
/" designated by said Todd, nor was there
" any agreement as to what, OF how many
AOto were 70 Oe conveyed.
And the 10th finding shows that il was
the plaintiff, executed and delivered the
"two deeds 10 defendant, Obed Foote."
Nor were these defective acknowledgements
cured by the act Of January 9th, 1879.
From all which considerations it is mani.
fest, that the district court did not err in
concluding that, as between the parties to
fhio oc,;on III. tuo jooda from tho nlo;,t;a
to the defendant, of date May 7th, 1866
passed no estate from her to the defendant,
3. The third main inquiry relates to The
validity of the tax deed, executed by thu
treasurer Of the city Of Yankton 10 the
defendant, and dated February 18th, 1876
On this subject there are seven findings
from the 10Th to the 22nd, inclusive. II,
CITY of Yankton assessed the lands in con.
~troversy for city taxes for the year 1878
and levied taxes thereon, amounting to foul
dollars and eighty cents, in the name of th,
defendant, Foote; and said taxes not hav
city treasurer, for such taxes, at the sale
Wooley and Ward and not having beer
having become the owner of the certifcat,
" b0lCS IN kdA OCcu "d6s III T Gu, lCtu
1876, executed and delivered to the de
PENDANT.
By the act Of the legislative assembly o
January sth, 1873, incorporating the city o
9ankton, the mayor and council we're au
thorized by section 10, ito levy and collec
taxes for general purposes, not exceeding
on all the property within the limits Of
q tho o;tv toyohlo ooooelsnp ~ tLo L., ~
the territory, the valuation Of such prop.
of Yankton county and it shall be the
duty of the county clerk of said Yanktou
county, to permit the city clerk to make
" out, from the assessment rolls Of the county
an assessment roll for the city, Of al the
"6ed.."
They we're also empowered. by the same
act, sec. l3, ito provide for the sale of reaY
+" estate for the non-payment of taxes du,
" thereon, and for the time and manner 0
" redemption Of the same and CONVEYANCE
THEREOF; provided, that the owner ma,
" redeem the same within two years." etc. ;
Accordingly, on the 18th Of August, 1873
an ordinance was passed by the mayor AMI
council, entitled IAN ordinance relating I,
" the levy and collection of taxes for city
" purposes" which was amended on Janu
ary the q, 1874, BY changing the time 0
sale from the second Monday Of February
to the third Monday Of that month Of eacl
year and expressly pro vidinR that the sal
shall take place On the third Monday q
February Of each year. The provisions Q
the ordinance, so far as they relate to thi
action, and for the purpose Of d%eterminin,
it. are set out in the findings. y."A