Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 14

Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 14

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 edition. Excerpt: ... that said entry included, among other lands, the premises in controversy in this action; that subsequently to the 26th day of une, 1882, the probate judge of Lawrence county, as such, conveyed by deed to the defendant, Thomas ="hittaker, a portion of the land embraced within the townsite, which said land is fully described in the finding; that the alleged Gallagher and Phoenix lodes claimed by the plaintiff were located upon and over the said premises so conveyed to said Whittaker, and conflicted therewith to the extent of about two and one--half acres. Under the findings of the court, therefore, that no valid discovery was made upon the so-called "Gallagher Lode," of the so-called "Phoenix Lode," and that the same were not located or their boundaries marked in the manner prescribed by law, and that there was not within the boundaries of said property any valuable mineral vein or lode of gold, silver, cinnabar or copper, the said defendant Wliittaker was entitled to the possession of the ground under his townsite deed, so in conflict with the Gallagher and Phoenix locations, as against the said jlaintiff; and the court, therefore properly concluded as matter of law "that the defendant Thomas VVhittaker is the owner in fee of the lands and premises in the said deed of the said probate judge of Lawrence county, to him, and that the plaintiff, john Regan. has no right, title, or estate therein, or any part or parcel thereof, and that the defendant Thomas Whittaker is entitled to have his title thereto quieted as against the said plaintiff, john Regan." VVhat would have been the rights_0f the parties had the plaintiff or his predecessors in interest made a valid discovery, and located the claim in more

Product details

  • Paperback | 236 pages
  • 189 x 246 x 13mm | 426g
  • United States
  • English
  • black & white illustrations
  • 1236891392
  • 9781236891396