Broadhurst v. American Colloid Company

HOMEYER, Judge.

This controversy involves the ownership of mineral rights in 280 acres 1 of land in Butte County, South Dakota. Defendants’ claims are predicated upon title by adverse possession. The trial court concluded that plaintiff, who is the surface owner, also owned the minerals, and judgment was so entered from which the defendants appeal.

The subject property was a part of the public domain when homestead entry was allowed Charles C. Barbour on November 17, 1917. A patent was issued to him by the United States of America on January 17, 1923, and recorded in the office of the Register…