Legal Opinion

Westphal v. Nelson

South Dakota Supreme Court

Decided March 2, 1910PublishedCited by 6 opinions

Appeal from Circuit Court, McCook Count}'. Hon. Joseph W. Jones, Judge. Action by Carl W. Westphal against Peter Nelson. Prom a judgment for defendant and an order denying a new trial, plaintiff appeals.

1Opinion of the CourtHaney, J.

This -is an action, in the nature of ejectment, to recover possession of “a strip of * * , * land * * * four rods, more or less, wide along the entire west side” of the S. E. % °f section 7 in township 101, range 53, McCook county, and damages for the use of the same. I>t involves the location of the boundary line between the S. E. % and S. W.j4 of the section named. A verdict having been returned in favor ,of the defendant on all the issues, judgment for costs entered thereon, and plaintiff’s motion for a new trial denied, he appealed from the judgment and from the order denying his…

2Cases cited10 opinions

  1. Jones Lumber & Mercantile Co. v. FarisSouth Dakota Supreme Court · 1894
  2. Carroll v. NisbetSouth Dakota Supreme Court · 1897
  3. Albien v. SmithSouth Dakota Supreme Court · 1909
  4. Dring v. St. Lawrence TownshipSouth Dakota Supreme Court · 1909
  5. Dunn v. National BankSouth Dakota Supreme Court · 1898

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3Cited by6 opinions

  1. Lyle v. BarnesSouth Dakota Supreme Court · 1913
  2. Carlberg v. FieldsSouth Dakota Supreme Court · 1914
  3. Hanson v. LambertSouth Dakota Supreme Court · 1928
  4. More v. Western Grain Co.North Dakota Supreme Court · 1914
  5. Russell v. City of FlandreauSouth Dakota Supreme Court · 1937

1 more not listed; retrieve them via the Exa API.

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