Regan v. Whittaker
South Dakota Supreme Court
Appeal from circuit court Lawrence county. Ho.n Joseph B. Moore, Judge. Action by John Regan against Thomas Whittaker and others. From a judgment in favor of the defendants, the plaintiff appeals. The same rules of law apply to mining property that do to other real estate, and continued uninterrupted possession will raise a presumption of a sebsequent valid location.
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Appeal from circuit court Lawrence county. Ho.n Joseph B. Moore, Judge. Action by John Regan against Thomas Whittaker and others. From a judgment in favor of the defendants, the plaintiff appeals. The same rules of law apply to mining property that do to other real estate, and continued uninterrupted possession will raise a presumption of a sebsequent valid location. Lutz et al v. Victor 17 Cal. 271; Hawx Hurst v. Lender, 28 Cal. 331; Hess v. Widner, 30 Cal. 349- While the statute of limitations does not run against the government its effects upon the rights of claimants is recognized by law.…
1Opinion of the CourtCorson, J.
The plaintiff claiming to be the owner of a mining lode location designated as the “Phoenix Rode,” located within the boundaries of the city of Deadwood, brought this action to restrain the defendants from interfering with, or trespassing upon, the same, and for damages in the sum of $5,000, sustained in consequence of trespasses upon the same by the said city of Deadwood, and for such other and further relief as might be just in the premises. The defendant Whittaker answered for himself and the other defendants, denying, in effect, plaintiff’s title, and claiming the premises under and by…
2Cases cited5 opinions
- Chandler v. KennedySouth Dakota Supreme Court · 1895
- D. S. B. Johnston Land-Mort. Co. v. CaseSouth Dakota Supreme Court · 1900
- Billingsley v. HilesSouth Dakota Supreme Court · 1895
- Tootle v. PetrieSouth Dakota Supreme Court · 1895
- Henry v. DeanSupreme Court Of The Territory Of Dakota · 1888
3Cited by3 opinions
- United States v. ShermanCourt of Appeals for the Eighth Circuit · 1923
- Sully v. EganSouth Dakota Supreme Court · 1927
- Richelson v. MarietteSouth Dakota Supreme Court · 1914