Legal Opinion

Maw v. Bruneau

South Dakota Supreme Court

Decided March 4, 1916No. File No. 3788PublishedCited by 1 opinion

Appeal -from Circuit Court, Union. County. Hon. Joseph W. Jones, Juldge. Action by Emily S. Maw, against Henry Bruneau, to determine adverse right and possession, and to quiet title to roaltv From a judgment for defendant, and from an order denying new trial, plaintiff appeals. Appellant cited: Ocean City Ass’n vs. Sfariver, 51 R. R. A 425; St.' Louis vs. Ru'tz, 138 U. S. 226; C. J. Holman vs. Jas.

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Appeal -from Circuit Court, Union. County. Hon. Joseph W. Jones, Juldge. Action by Emily S. Maw, against Henry Bruneau, to determine adverse right and possession, and to quiet title to roaltv From a judgment for defendant, and from an order denying new trial, plaintiff appeals. Appellant cited: Ocean City Ass’n vs. Sfariver, 51 R. R. A 425; St.' Louis vs. Ru'tz, 138 U. S. 226; C. J. Holman vs. Jas. M. Hodges, 58 L. R- A. (Ta.) 673; Stocldey v. Cissna, (Tenn.) 104 S. W. 8024 Widdecorobe vs. Rosemiller, 118 Fed. 295. Respondent 'cited; Nebraska v. Iowa, 143 U. S. 358, 36 L-Eid. 186; Civ. Code,…

1Opinion of the CourtMcCOY, J.

This suit was instituted to determine adverse right and possession and to q,uidt title to certain lands claimed to be owned iby both plaintiff and defendant, now situated in Union county, S. D. The plaintiff is in possession and claims title by and through patents from the United States and other mesne conveyances. The defendant claims tilble by and as accretion to riparian lands owned by him in the state of Nebraska. These lands in dispute are what are sometimes termed “bottom lands,” and at different times within the last 60 years have been on both sides o-f the main channel of the Missouri…

2Cases cited4 opinions

  1. Ocean City Ass'n v. ShriverSupreme Court of New Jersey · 1900
  2. Welles v. BaileySupreme Court of Connecticut · 1887
  3. Gilbert v. EldridgeSupreme Court of Minnesota · 1891
  4. Peuker v. CanterSupreme Court of Kansas · 1901

3Cited by1 opinion

  1. Waldner v. BlachnikSouth Dakota Supreme Court · 1937

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