Simonson v. Monson
South Dakota Supreme Court
Appeal from Circuit -Court, Roberts County. Hon. J. H. McCoy, Judge. Action by E. J. Simonson against Otto- Monson. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
1Opinion of the CourtCorson, J.
This is an action to determine conflicting claims to a tract of land' in Roberts county. The complaint-is in the usual form, and alleges that the plaintiff is the owner in -fee and in pos-‘ session of the premises. The answer is a general denial; admits *239plaintiff’s possession; and alleges ownership as an affirmative defense, and ownership ais- a counterclaim. " Both parties claim .title under Henry A. Quinn, an Indian allottee, under the act of Congress approved February 8, 1887, 24* Stat. 388, c. 119, generally known as the “Indian Allotment lAct.” By act of Congress approved March 3, 1905,…
2Cases cited4 opinions
- Bernardy v. Colonial & United States Mortgage Co.South Dakota Supreme Court · 1904
- State v. KemmererSouth Dakota Supreme Court · 1900
- Zerfing v. SeeligSouth Dakota Supreme Court · 1899
- Bernardy v. Colonial & United States Mortg. Co.South Dakota Supreme Court · 1905
3Cited by1 opinion
- Simonson v. MonsonSouth Dakota Supreme Court · 1915