Johnson v. Hawthorne Ditch Co.
South Dakota Supreme Court
Appeal from Circuit Court, Pennington County. Hon. Levi McGee, Judge. Action by Edward W. Johnson against the Hawthorne Ditch Company, to recover possession of realty. From a judgment for plaintiff, and from an order denying a new trial, defendant appealed, and plaintiff prosecuted a cross-appeal.
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Appeal from Circuit Court, Pennington County. Hon. Levi McGee, Judge. Action by Edward W. Johnson against the Hawthorne Ditch Company, to recover possession of realty. From a judgment for plaintiff, and from an order denying a new trial, defendant appealed, and plaintiff prosecuted a cross-appeal. The evidence clearly shows that the defendant and its predecessors in interest had been in adverse possession of the dam and ditch and flowed water through the same for more than twenty years prior to the commencement of this action, and that the first water right location was never abandoned. There…
1Opinion of the CourtSmith, J.
Action in the nature of ejectment, to recover possession of certain lands upon which were situated a dam, head-gate, and irrigation ditch in possession of the defendant, and for damages.
The answer was a general denial, and in addition sets up the 6 and io year statutes of limitation, and a 20-year prescriptive title; pleads that the defendant became a corporation on the 30th day of July, 1900, for .the purpose, among other things, of taking over, acquiring, maintaining, and operating the water right, dam, and irrigation ditch, and using and disposing of water flowing therein, for irrigation…
2Cases cited10 opinions
- McClinton v. Pittsburg, Fort Wayne & Chicago Railway Co.Supreme Court of Pennsylvania · 1870
- Faulk v. Missouri River & N. W. Ry. Co.South Dakota Supreme Court · 1911
- Conger v. B. & S. W. R.Supreme Court of Iowa · 1875
- Illinois Central Railroad v. LeBlancMississippi Supreme Court · 1897
- Slaght v. Northern Pacific Railway Co.Washington Supreme Court · 1905
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Boland v. City of Rapid CitySouth Dakota Supreme Court · 1982
- Aylmore v. City of SeattleWashington Supreme Court · 1918
- City of Sioux Falls v. MillerSouth Dakota Supreme Court · 1992
- Raverty v. GoetzSouth Dakota Supreme Court · 1966
- Hurley v. StateSouth Dakota Supreme Court · 1965
2 more not listed; retrieve them via the Exa API.