Axiom Mining Co. v. White
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. A. J. Plowman, Judge. Action to quiet title to certain mineral lands. Plaintiff had judgment, from which, and from an order denying a motion for a new trial, defendants appeal. The facts are stated in the opinion. There is not sufficient evidence to sustain the decision and judgment of the trial court.
Read the full summary
Appeal from circuit court, Lawrence county. Hon. A. J. Plowman, Judge. Action to quiet title to certain mineral lands. Plaintiff had judgment, from which, and from an order denying a motion for a new trial, defendants appeal. The facts are stated in the opinion. There is not sufficient evidence to sustain the decision and judgment of the trial court. Randall v. Burke Twp., 4 S. D. 387, 57 N. W. 4. Adverse claimants must come forward with their objections and present them as provided by §§ 2325 and 2326, Rev. Stat. U. S. and amendatory acts, or they will be precluded from objecting and their…
1Opinion of the CourtFuller, J.
This action, to determine adyerse claims and qniet the title, as against appellants, to a mineral claim known as the ‘-Henry George. Lode,” held by respondent, a corporation, in common with other similar locations contiguous thereto, was tried to the court without a jury, upon stipulated facts, which in effect eliminate every consideration other than alleged errors of law occurring at the trial, the sufficiency of the evidence to sustain a judgment for respondent, and the ruling of the trial court in denying appellants’ motion for a new trial. It is conceded as against the world that…
2Cases cited13 opinions
- Hammer v. Garfield Mining & Milling Co.Supreme Court of the United States · 1889
- Jasper v. HazenNorth Dakota Supreme Court · 1894
- Farwell v. NeedhamOregon Supreme Court · 1897
- Quigley v. GillettCalifornia Supreme Court · 1894
- Longley v. DalySouth Dakota Supreme Court · 1890
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- McCulloch v. MurphyU.S. Circuit Court for the District of Nevada · 1903
- Palmer v. SchurzSouth Dakota Supreme Court · 1908
- Larson v. DutielSouth Dakota Supreme Court · 1901
- Smith v. Mutual Cash Guaranty Fire Ins.South Dakota Supreme Court · 1907
- Dacotah Packing Co. v. BertelsonSouth Dakota Supreme Court · 1927
5 more not listed; retrieve them via the Exa API.