Wenberg v. Gibbs Township
North Dakota Supreme Court
Appeal from the District Court of Burleigh County, Nuessle, J. Chapter 33 of the Laws of 1871 of the Territory of Dakota, providing that all section lines in the territory be and are declared public highways, amounts to an acceptance of the Federal grant. Walcott Twp. v. Skauge, 6 N. D. 382, 71 N. W. 544; Keen v. Fairview Twp. 8 S. D. 558, 67 N. W. 623; Wells v. Pennington County, 2 S. D. 1, 39 Am.
Read the full summary
Appeal from the District Court of Burleigh County, Nuessle, J. Chapter 33 of the Laws of 1871 of the Territory of Dakota, providing that all section lines in the territory be and are declared public highways, amounts to an acceptance of the Federal grant. Walcott Twp. v. Skauge, 6 N. D. 382, 71 N. W. 544; Keen v. Fairview Twp. 8 S. D. 558, 67 N. W. 623; Wells v. Pennington County, 2 S. D. 1, 39 Am. St. Rep. 758, 48 N. W. 305; Tholl v. Koles, 65 Kan. 802, 70 Pac. 881; Wallowa County v. Wade, 43 Or. 253, 72 Pae. 793; Streeter v. Stalnaker, 61 Neb. 205, 85 N. W. 47. The lands over which the…
1Opinion of the CourtBurke, J.
In April, 1913, plaintiff was the owner of the west one half, section 23, 139 — 79, Burleigh county, North Dakota, having purchased the same from the Northern Pacific Railway Company; in that month the defendant township improved the highway between said land and the section immediately to the west thereof, thereby taking 4 acres from plaintiff’s land, whereupon this action was brought for damages. A proper consideration of the case requires a review of facts beginning July 2, 1864, upon which date an act of Congress was approved granting the alternate sections of a strip of land from Lake…
2Cases cited11 opinions
- Wisconsin Central Railroad v. Price CountySupreme Court of the United States · 1890
- Barden v. Northern Pacific RailroadSupreme Court of the United States · 1894
- Buttz v. Northern Pacific RailroadSupreme Court of the United States · 1886
- St. Paul & Pacific Railroad v. Northern Pacific RailroadSupreme Court of the United States · 1891
- Bardon v. Northern Pacific RailroadSupreme Court of the United States · 1892
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- King v. Stark CountyNorth Dakota Supreme Court · 1937
- Small v. Burleigh CountyNorth Dakota Supreme Court · 1974
- State v. Alaska Land Title Ass'nAlaska Supreme Court · 1983
- Saetz v. HeiserNorth Dakota Supreme Court · 1976
- Ames v. Rose Township Board of Township SupervisorsNorth Dakota Supreme Court · 1993
8 more not listed; retrieve them via the Exa API.