Hanson v. Township of Red Rock
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. F. R. Aikens, Judge. Action by Gilbert Hanson against the township of Red Rock, in Minnehaha county, and Thomas Whaley, R. Kyle and G. W. Fay, board of supervisors of said township, for an injunction. Defendants had judgment, from which, and an order denying a new trial, plaintiff appeals. The facts are stated in the opinion.
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Appeal from circuit court, Minnehaha county. Hon. F. R. Aikens, Judge. Action by Gilbert Hanson against the township of Red Rock, in Minnehaha county, and Thomas Whaley, R. Kyle and G. W. Fay, board of supervisors of said township, for an injunction. Defendants had judgment, from which, and an order denying a new trial, plaintiff appeals. The facts are stated in the opinion. If the stakes or monuments placed by the government in making survey to indicate the section corners and quarter posts can be found, or the place where they were originally placed can be identified, they are to control in…
1Opinion of the CourtCorson, J.
This was an action brought by the plaintiff to enjoin the defendants, supervisors of Red Rock township, from opening a highway on the townihip line between Red Rock and Brandon townships on a line established by Mr. Van Antwerp, deputy county surveyor of Minnehaha county, in 1889. The plaintiff is the owner of the E. i of the N. W. \ and the N. W. i of the N. W. i of section 7, Red Rock township, and the E. % of the N. É. i of section 12, Brandon township. The case was tried by the court without a jury, and findings of fact made, and judgment rendered in favor of the defendants. A motion for…
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