Arneson v. Spawn
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Action by Ellen E. Arneson against Lewis Spawn for trespass. Verdict and judgment for plaintiff. Defendant appeals. The facts are fully stated in the opinion.
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Appeal from circuit court, Minnehaha county. Action by Ellen E. Arneson against Lewis Spawn for trespass. Verdict and judgment for plaintiff. Defendant appeals. The facts are fully stated in the opinion. There can be no constructive possession of land in the actual possession of another. . Ruggles v. Sands, 40 Mich. 559; 8 Wait’s Ac. and Def. 475. A landlord out of possession cannot maintain trespass. iffindenbower v. Bentley, 86 Mo. 515; U1-lendorfer v. Saelgers, 50 Cal. 496; Tobias v. Cohn, 36 N. Y. 363. Wentworth v. Portsmouth & Dover R. R., 55 N. H. 540. The statute, Comp. Laws, § 2780,…
1Opinion of the CourtKellam, P. J.
The answer denied, but on the trial it was conceded, that plaintiff was the owner in fee of the N. W. of section 32, township 101, range 47, situate in Minnehaha county. The facts alleged as plaintiff’s cause of action are thus stated in the complaint: “The defendant forcibly and unlawfully broke and entered upon the plaintiff’s said land; took down a fence standing upon said land, removing the same; and also then and there erected another fence on said land, thereby fencing in about twelve acres of said land, the property of plaintiff; and also then and there disturbed the plaintiff in the…
2Cases cited17 opinions
- Starr v. JacksonMassachusetts Supreme Judicial Court · 1814
- Brown v. BridgesSupreme Court of Iowa · 1870
- Knight v. ElliottSupreme Court of Missouri · 1874
- Hess v. MeterMichigan Supreme Court · 1889
- Lachman v. DeischIllinois Supreme Court · 1873
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3Cited by19 opinions
- Coastal Oil & Gas Corp. v. Garza Energy TrustTexas Supreme Court · 2008
- Randall v. Burk TownshipSouth Dakota Supreme Court · 1893
- Mason v. BraughtSouth Dakota Supreme Court · 1914
- Tyler v. HaggartSouth Dakota Supreme Court · 1905
- McGray v. Monarch Elevator Co.South Dakota Supreme Court · 1902
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