Sweatman v. City of Deadwood
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. Loring E. G-affy, Judge. Action in ejectment. Defendant had judgment, and plaintiff appeals. The facts are stated in the opinion. There was no valid dedication of the premises to public use. (1) Miller was without power to dedicate. 9 How. (U. S.) 10; Angel-1, Highways, 147; 2 Dillon Mun. Corp., § 498; 5 Am. & Eng.
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Appeal from circuit court, Lawrence county. Hon. Loring E. G-affy, Judge. Action in ejectment. Defendant had judgment, and plaintiff appeals. The facts are stated in the opinion. There was no valid dedication of the premises to public use. (1) Miller was without power to dedicate. 9 How. (U. S.) 10; Angel-1, Highways, 147; 2 Dillon Mun. Corp., § 498; 5 Am. & Eng. Encyc. of Law, 398; Bushnell v. Scott, 21 Wis. 457; Wirt v. McEnery, 21 Fed. 233; Church v. City of Portland, 22 Pac. 528; Gosselin v. Chicago, 103 ID. 623; Lee v. Lake, 14 Mich. 12; Shellhouse v. State, 11 N. E. 485; Village v.…
1Opinion of the CourtFuller, J.
Based upon a claim of ownership, plaintiffs instituted this action in ejectment to recover from the defendant a portion of a city lot, described in the complaint, which is, and has been, occupied and used as a part of one of the public streets of the city of Deadwood, continuously, since about the 15 th day of October, 1888. This appeal is by plaintiffs from a judgment in favor of the defendant, and from an order overruling a motion for a new trial.
*382The material facts, as found by the court and shown by the evidence, are, in effect, as follows: On the third day of October, 1888, J ohn Treber,…
2Cited by4 opinions
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- Kraft v. Carson CountySouth Dakota Supreme Court · 1946
- Shaw v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1928