Lusk v. City of Yankton
South Dakota Supreme Court
Appeal from Circuit Court, Yankton ¡County. Hon. Robert B. Tripp, Judge. Action ¡by W. O. Lusk, W. J. Fantle, and D. B. Gurney, against the City of Yankton and others, to determine adverse claims of title to realty. From a judgment in favor of defendants, and from an Order denying a new trial, plaintiffs appeal. (9) To point nine of the opinion, Respondent cited: Seattle v. Himkley (Wash.) 121 P’ac. 444.
1Opinion of the CourtMcCOY, J.
This action was brought to determine adverse claims of title to a certain parcel of land' lying between the Missouri river and First street of Todd’s plat of the city of Yankton, the same being a strip of land varying in width from 130 feet to 225 feet, 3 blocks in length, commonly known in the city of Yank-ton as the “levee.” Findings and judgment were in favor of defendants, from' which judgment the palintiffs appeal.
[t] Among other findings of fact the court found that for more than. 40 years prior to 19.14 the city of Yankton had been in exclusive, hostile, open, notorious, continuous.,…
2Cases cited4 opinions
- Parker v. RandolphSouth Dakota Supreme Court · 1894
- Byron Reed Co. v. KlabundeNebraska Supreme Court · 1907
- Cramer v. WalkerIdaho Supreme Court · 1913
- Fowler v. WillSouth Dakota Supreme Court · 1905
3Cited by3 opinions
- City of Deadwood v. Summit, Inc.South Dakota Supreme Court · 2000
- Stroud v. SnowSupreme Court of Arkansas · 1932
- Trx v. MeffordSupreme Court of Arkansas · 1967