Bourcy v. Kaufman
South Dakota Supreme Court
Appeal from Circuit Court, Roberts County. Hon. Frank McNulty, Judge. Action by John L,. Bourcy -against Charles Kaufman, in claim and 'delivery, for recovery of hay cut upon land leased by an Indian. From a judgment for plaintiff, defendant appeals. This action cannot be maintained by only one of the two joint tenants in common and alleged owners; in a replevin action it is necessary for the plaintiff to have the sole and exclusive right of possession. Palmer y.
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Appeal from Circuit Court, Roberts County. Hon. Frank McNulty, Judge. Action by John L,. Bourcy -against Charles Kaufman, in claim and 'delivery, for recovery of hay cut upon land leased by an Indian. From a judgment for plaintiff, defendant appeals. This action cannot be maintained by only one of the two joint tenants in common and alleged owners; in a replevin action it is necessary for the plaintiff to have the sole and exclusive right of possession. Palmer y. Hurst, Sheriff, 22 S. D., 68. It must be presumed that the United States, acting through the Secretary of the Interior and' in 'his…
1Opinion of the CourtPoleey, J.
Plaintiff brings this action for the recovery of a quantity -of hay thaj had been cut and stacked by defendant during the season of 1912, on an Indian allotment in Roberts county. The allotment had been leased to plaintiff and another, in 1911, by the Indian agent in charge cf the allotment, for farming and grazing purposes for the years 19x1 and 1912. The lease had been approved by the Secretary of the Interior. Plaintiff and his co-lessee paid the rent and cut the hay on the land in 1911, but, in 1912, plaintiff’s co-lessee having left that vicinity, plaintiff paid all the rent and intended…
2Cases cited2 opinions
- Mather v. DunnSouth Dakota Supreme Court · 1898
- Palmer v. HurstSouth Dakota Supreme Court · 1908
3Cited by2 opinions
- O'Neal v. Diamond a Cattle Co.South Dakota Supreme Court · 1935
- Fife v. Jackson Material Co.Supreme Court of Oklahoma · 1942