Hulst v. Doerstler
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hoh. A. J. Plowman, Judge. Action by George W. Hulst and Virgil T. Price against Isaiah H. Doerstler, to determine the right of possession to certain mineral land. From a judgment for defendant, and an order denying a new trial, plaintiffs appeal. The facts are stated in the opinion.
1Opinion of the CourtHaney, J.
This is a proceeding commenced in the circuit court under Section 2326, Rey. St. U. S., to determine the right of possession to certain mineral land in Lawrence county. The action was tried by the court, and resulted in a judgment for defendant, from which, .and an order denying a new trial, plaintiffs appealed.
The complaint contains two causes of action. In the first count it is alleged that in 1892 the ground in dispute was part of the public mineral domain, free and open to exploration, occupancy and purchase, and was located by one Thomas B. Hart as the “Ballard Lode Claim,” who, for a…
2Cited by2 opinions
- Cooke v. McQuatersSouth Dakota Supreme Court · 1905
- Pennington v. VanSouth Dakota Supreme Court · 1925