Olson v. Huntamer
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. , Hon. Frank R. Aikens, Judge. Action to recover the value of crops. Judgment was rendered for defendants, and plaintiff appeals. The facts are fully stated in the opinion. The accretions to lots contiguous to non-navigable lakes extend to the middle line of such lake by force of the common law rule in such cases in the absence of a different rule established by state decisions'or by local statutes.
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Appeal from circuit court, Minnehaha county. , Hon. Frank R. Aikens, Judge. Action to recover the value of crops. Judgment was rendered for defendants, and plaintiff appeals. The facts are fully stated in the opinion. The accretions to lots contiguous to non-navigable lakes extend to the middle line of such lake by force of the common law rule in such cases in the absence of a different rule established by state decisions'or by local statutes. Hardin v. Jorden, 140 U. S. 371: 35 L. Ed. 428; In re John P. Hole, 13 Land Dec. 588; in re Amanda Hinds, 18 Copps L. Owner 275; Gouveneur v. National,…
1Opinion of the CourtFuller, J.
This action, based upon the rights of an alleged riparian owner, was instituted to recover the value of certain props sown, cultivated and harvested by the defendants, during the year 1890, upon a portion of a meandered lake bed contiguous to a tract of land designated upon the recorded plat as “lot (1), of section (3), Twp. (104) north, of range (51) west of the 5th P. M.,” which was covered by a timber culture entry made by plaintiff on the 4th day of October, 1889; and by virtue of section 4610 of the Compiled Laws', which relates to the measure of damages in case a person is forcibly…
2Cases cited13 opinions
- Hardin v. JordanSupreme Court of the United States · 1891
- Railroad Co. v. SchurmeirSupreme Court of the United States · 1869
- Lamprey v. StateSupreme Court of Minnesota · 1893
- Mitchell v. SmaleSupreme Court of the United States · 1891
- Gouverneur v. National Ice Co.New York Court of Appeals · 1892
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3Cited by15 opinions
- Flisrand v. MadsonSouth Dakota Supreme Court · 1915
- Parks v. CooperSouth Dakota Supreme Court · 2004
- Bernot v. MorrisonWashington Supreme Court · 1914
- Anderson v. RaySouth Dakota Supreme Court · 1916
- Hillebrand v. KnappSouth Dakota Supreme Court · 1937
10 more not listed; retrieve them via the Exa API.