Sweatman v. Bathrick
South Dakota Supreme Court
Appeal from circuit court, Lawrence county; Hon. Joseph B. Moore, Judge. Action by V. C. Sweatman and another against Daniel D. Báthrick. Judgment for defendant, and plaintiffs appeal.
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Appeal from circuit court, Lawrence county; Hon. Joseph B. Moore, Judge. Action by V. C. Sweatman and another against Daniel D. Báthrick. Judgment for defendant, and plaintiffs appeal. In an implied common law dedication, the use of such land by the public as a street, with the knowledge of, and without objection by, the owner, of the fee for a number of years, is evidence of such dedication, and from such user by the public, without objection by the owner of the fee, a jury may presume an actual dedication of such street tó the public use. Mason v. City of Sioux Falls et al., 2 S. D., 640;…
1Opinion of the Court
Corson, J;
This is an action to quiet title to a strip of land in the city of Deadwood embraced within the limits of Lee street, as the lines of said street formerly existed and the lines as subsequently changed;- being about 23 feet on Sherman-street and about 30 feet on Lee street. The action was tried by the court without a. jury, and, the findings and judgment being in favor of the defendant, the plaintiffs have appealed from the judgment alone; there being neither a motion for a new trial, nor a bill of exceptions. The only question presented, therefore, is, did the court draw proper…
2Cases cited13 opinions
- Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
- Storer v. FreemanMassachusetts Supreme Judicial Court · 1810
- Peck v. SmithSupreme Court of Connecticut · 1814
- Banks v. OgdenSupreme Court of the United States · 1865
- White's Bank of Buffalo v. . NicholsNew York Court of Appeals · 1876
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Keyes v. BaskervilleSouth Dakota Supreme Court · 1919
- Cuka v. StateSouth Dakota Supreme Court · 1963
- Wegge v. MadlerWisconsin Supreme Court · 1906
- City of Belle Fourche v. DittmanSouth Dakota Supreme Court · 1982
- Henle v. BodinSouth Dakota Supreme Court · 1928
9 more not listed; retrieve them via the Exa API.