Driskill v. Rebbe
South Dakota Supreme Court
Appeal from Circuit Court, /Lawrence County. lion. W. G. • Riot, Judge. Action by William D. Driskill and another against Elizabeth Rebbe and others. From a decree for complainants, and from an order denying defendants’ motion for a new trial, they appeal. Where the patent itself does not recite the date of settlement, ■the court must look to the record upon which the patent was issued to determine that date. Duncan v. Newcomer, 9 S. D. 379. King v. ■McAndrews, ui Fed.
Read the full summary
Appeal from Circuit Court, /Lawrence County. lion. W. G. • Riot, Judge. Action by William D. Driskill and another against Elizabeth Rebbe and others. From a decree for complainants, and from an order denying defendants’ motion for a new trial, they appeal. Where the patent itself does not recite the date of settlement, ■the court must look to the record upon which the patent was issued to determine that date. Duncan v. Newcomer, 9 S. D. 379. King v. ■McAndrews, ui Fed. Rep. 863-864; Barden v. Northern Pac. R. Co., 154 U. S. 327; St. Douis S. & R. Co. v. Kemp, 104 U. S. 63; In Best v. Doe, 18…
1Opinion of the CourtCorson, J.
This action was instituted by the plaintiffs to restrain the defendants from diverting the waters of Crow creek so as to interfere with the rights of the plaintiffs to the use of the same. Findings and judgment being in favor of the plaintiffs; the defendant Elizabeth Rebbe has appealed. The original complaint was drawn upon (the theory that there was an existing contract between the defendants Rebbe and (wife and the grantors of these plaintiffs whereby the defendants Rebbe had a right to the use of sufficient of the water of Crow creek for Ithe ¡irrigation of 15 acres of their land…
2Cases cited13 opinions
- Sturr v. BeckSupreme Court of the United States · 1890
- Chicago & Eastern Illinois Railroad v. O'ConnorIllinois Supreme Court · 1886
- Railway Co. v. SweetSupreme Court of Arkansas · 1895
- Levy v. ChittendenIndiana Supreme Court · 1889
- Burr v. MendenhallIndiana Supreme Court · 1875
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Steensland v. NoelSouth Dakota Supreme Court · 1912
- Cundy v. WeberSouth Dakota Supreme Court · 1941
- Munn v. Board of SupervisorsSupreme Court of Iowa · 1913
- Platt v. City of Rapid CitySouth Dakota Supreme Court · 1940
- Twin City Power Co. v. Savannah River Electric Co.Supreme Court of South Carolina · 1930
1 more not listed; retrieve them via the Exa API.