Mason v. Braught
South Dakota Supreme Court
Appeal from 'Circuit Court, Aurora County. Hon. Franic B. Smith, Judge. Action by Dean Mason and others against Fred Braught, to determine the identity of a quarter section of land. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. In cases of this character, if the corners and lines established by the Government survey can be identified they must control, regardless of whether they are right or wrong.
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Appeal from 'Circuit Court, Aurora County. Hon. Franic B. Smith, Judge. Action by Dean Mason and others against Fred Braught, to determine the identity of a quarter section of land. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. In cases of this character, if the corners and lines established by the Government survey can be identified they must control, regardless of whether they are right or wrong. And evidence that trees and fences in an early day were located according to the Government survey has a strong tendency to establish it even if all the…
1Opinion of the CourtPolley, J.
This is an action brought to determine the identity of a quarter section of land in Eureka township, in Aurora county. Respondent claims it by virtue of his title to- the southeast quarter of section 4, and appellant claiming it by virtue - of his title to the southwest quarter of the same section. The difficulty grows out of an apparent error in the original survey of the township, and the solution of the difficulty depends upon the correct -identification of the northeast corner of the township; respondent claiming the corner to be at one particular point, while appellant claims it at…
2Cases cited10 opinions
- Hatton v. GreggCalifornia Court of Appeal · 1906
- Arneson v. SpawnSouth Dakota Supreme Court · 1891
- Kremer v. ThwaitsWisconsin Supreme Court · 1900
- First National Bank v. Clifton Armory Co.Arizona Supreme Court · 1912
- Hanson v. Township of Red RockSouth Dakota Supreme Court · 1893
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3Cited by20 opinions
- Wittmeier v. PostSouth Dakota Supreme Court · 1960
- Western Building Co. v. J. C. Penney Co.South Dakota Supreme Court · 1932
- Greenberg v. City of WaterburySupreme Court of Connecticut · 1933
- United States v. James P. Doyle and Florence A. DoyleCourt of Appeals for the Tenth Circuit · 1972
- Hampton v. BurrellSupreme Court of Iowa · 1945
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