Legal Opinion

Mather v. Dunn

South Dakota Supreme Court

Decided October 18, 1898PublishedCited by 4 opinions

Appeal from circuit court, Lawrence county. Hon. A. J. Plowman, Judge. Action, by Charles W. Mather against Aaron Dunn, to recover possession of a mining claim, and another. There was a judgment for plaintiff. From an order granting a new trial, plaintiff appeals. The facts are stated in the opinion. One tenant in common may bring and maintain a suit in ejectment against a stranger without joining his co-tenant.

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Appeal from circuit court, Lawrence county. Hon. A. J. Plowman, Judge. Action, by Charles W. Mather against Aaron Dunn, to recover possession of a mining claim, and another. There was a judgment for plaintiff. From an order granting a new trial, plaintiff appeals. The facts are stated in the opinion. One tenant in common may bring and maintain a suit in ejectment against a stranger without joining his co-tenant. Hardy v. Johnson, 1 Wall. 371; Stark v, Banett, 15 Cal. 361; Winthrop’s Lesse v. Grimes, Wright, (Ohio) 330; Hibbard v. Foster, 24 Vt. 542; Allen v. Gibson, 4 Rand 468; Truehart v.…

1Opinion of the CourtCorson, P. J.

This was an action to recover the possession of a mining claim known as the “Alta Villa Lode.” The defendants claimed title to the same mining ground by virtue of a location made under the name of the “Lilly. B. Lode.” Verdict and judgment were in favor of plaintiff. On the trial the plaintiff failed to establish his ownership to one-fourth of the Alta Villa lode, but no question was raised as to this failure prior to the verdict. . After the verdict the defend*199ants moved for a new trial, upon the ground, among others, that plaintiff had failed to prove a title to the whole of the Alta Villa…

2Cases cited10 opinions

  1. Dolph v. BarneyOregon Supreme Court · 1874
  2. Hardy v. JohnsonSupreme Court of the United States · 1863
  3. Brady v. KreugerSouth Dakota Supreme Court · 1896
  4. Mahoney v. Van WinkleCalifornia Supreme Court · 1863
  5. Weese v. BarkerSupreme Court of Colorado · 1883

5 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Alderman v. New York Underwriters InsuranceSouth Dakota Supreme Court · 1933
  2. Griswold v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1903
  3. Gerhart v. QuirkSouth Dakota Supreme Court · 1926
  4. Bourcy v. KaufmanSouth Dakota Supreme Court · 1914

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