Wood v. Bapp
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by John E. Wood, individually, and as administrator of the Estate of John J. Wood, 'deceased, and another, against Will A. Bapp, individually, and as administrator of the Estate of Ezra S. Bapp, deceased, and others, to determine adverse claims to realty, andl for possession of same. From a judgment for plaintiffs, and from an order denying a new trial, defendants appeal.
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Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by John E. Wood, individually, and as administrator of the Estate of John J. Wood, 'deceased, and another, against Will A. Bapp, individually, and as administrator of the Estate of Ezra S. Bapp, deceased, and others, to determine adverse claims to realty, andl for possession of same. From a judgment for plaintiffs, and from an order denying a new trial, defendants appeal. (2) To point two of the opinion, Appellants citedi: McNamara v. Seaton, 82 111. on p. 500; Klinker v. Schmidt, (la.) 87 N. W. on p. 662; Jones…
1Opinion of the CourtWhiti'N'G, P. J.
This action, commenced in May, 1916, was brought to determine adverse claims to a tract of land in section 18 of a certain township. The whole controversy rests upon a dispute as to the location of the boundary between the N. W. y owned by plaintiffs and the N. E. y owned by defendants. Findings and judgment were for plaintiffs. From such judgment and an order refusing a new trial this appeal was taken.
The government plat shows the half section to be practically a rectangle — the N. E. y to be 40 chains square, the N. W. y to be 40 chains north and south and practically 38 chains east and…
2Cases cited15 opinions
- Page v. FowlerCalifornia Supreme Court · 1865
- Garvin v. ThrelkeldCourt of Appeals of Kentucky · 1917
- Kitchen v. ChantlandSupreme Court of Iowa · 1905
- Payne v. McBrideSupreme Court of Arkansas · 1910
- Randleman v. TaylorSupreme Court of Arkansas · 1910
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3Cited by5 opinions
- Kesler v. EllisIdaho Supreme Court · 1929
- Sobol v. GulinsonSupreme Court of Colorado · 1933
- Feight v. HansenSouth Dakota Supreme Court · 1964
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- Osberg v. MurphySouth Dakota Supreme Court · 1974