Catholicon Hot Springs Co. v. Ferguson
South Dakota Supreme Court
Appeal from circuit court, Fall River county. Hon. William Gardner, Judge. Action for an injunction. From an order granting the writ, defendants appeal. The facts are stated in the opinion. A court of chancery has no more power than any other to dispossess a person of property prima facie his. Arnold v. Bright, 2 N. W. 16. A court of equity cannot change the possession of lands in conflict, from one party to another until the merits have been finally passed upon.
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Appeal from circuit court, Fall River county. Hon. William Gardner, Judge. Action for an injunction. From an order granting the writ, defendants appeal. The facts are stated in the opinion. A court of chancery has no more power than any other to dispossess a person of property prima facie his. Arnold v. Bright, 2 N. W. 16. A court of equity cannot change the possession of lands in conflict, from one party to another until the merits have been finally passed upon. Railroad v. Railroad, 27 N. "W. 715Rail-road v. Judge, 7 N. W. 65; Murry v. Burris, 42 N. W. 25. An appellate court will not…
1Opinion of the CourtCorson, P. J.
This is an appeal by the defendants from an order granting an injunction in effect removing the defendants from the possession of certain real property; known as the “Catholicon Hotel Property,” in Hot Springs, in Fall River county, and placing the plaintiff in the possession of the same. An action was commenced by the plaintiff to recover possession of the said property, and it states its cause of action as follows: “First. That the plaintiff is a corporation duly organized under and by virtue of the laws of the state of South Dakota. Second. That the plaintiff is, and since October, 1892,…
2Cases cited8 opinions
- Natoma Water & Mining Co. v. ClarkinCalifornia Supreme Court · 1860
- Arnold v. BrightMichigan Supreme Court · 1879
- Toledo, Ann Arbor & North Michigan Railway Co. v. Detroit, Lansing & Northern RailroadMichigan Supreme Court · 1886
- Cole Silver Min. Co. v. Virginia & Gold Hill Water Co.U.S. Circuit Court for the District of Nevada · 1871
- Hadfield v. BartlettWisconsin Supreme Court · 1886
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3Cited by3 opinions
- Florida East Coast Railway Co. v. TaylorSupreme Court of Florida · 1908
- Forman v. HealeyNorth Dakota Supreme Court · 1903
- Hutton v. School CityIndiana Supreme Court · 1924