Unzelmann v. Shelton
South Dakota Supreme Court
Appeal from circuit court, Moody county; Hon. Joseph W Jones, Judge. Action by John 0. Unzelmann against Martha A. Shelton. Prom a judgment for defendant, plaintiff appeals. When the boundaries are fixed and known and unquestioned monuments exist, and neither courses, distances, nor computed contents correspond with the monuments, the monu: ments govern.
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Appeal from circuit court, Moody county; Hon. Joseph W Jones, Judge. Action by John 0. Unzelmann against Martha A. Shelton. Prom a judgment for defendant, plaintiff appeals. When the boundaries are fixed and known and unquestioned monuments exist, and neither courses, distances, nor computed contents correspond with the monuments, the monu: ments govern. Pernam v. Wead, 6 Mass. 131; Nelson v. Hall, 1 McLean 518; Yocum v. Haskins, 46 N. W. 1065. Stakes and monuments placed by the government survey ors to indicate section corners and quarter-section posts control in all cases where they can be…
1Opinion of the CourtCorson, P. J.
This is an action to recover the possession of about 15 acres of land, and for damages for its use and oc*391cupation. The case was tried to a jury, aud, the verdict aud judgment being in favor of the defendant, the plaintiff has appealed. The controversy in the case is as to the location of the original government comer, as established by the United States deputy surveyor by the original government survey, between the southwest and southeast corner of the two quarter sections. The plaintiff claimed the southwest quarter, and the defendant the southeast quarter of, the section.
It is contended by…
2Cases cited11 opinions
- Randall v. Burk TownshipSouth Dakota Supreme Court · 1893
- Jeansch v. LewisSouth Dakota Supreme Court · 1891
- Franz Falk Brewing Co. v. Mielenz Bros.Supreme Court Of The Territory Of Dakota · 1888
- Dowdle v. CornueSouth Dakota Supreme Court · 1896
- Weiss v. EvansSouth Dakota Supreme Court · 1900
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Lehman v. SmithSouth Dakota Supreme Court · 1918
- Hulsether v. SandersSouth Dakota Supreme Court · 1929
- Hoekman v. Iowa Civil Tp.South Dakota Supreme Court · 1911
- Gordon v. WhiteSouth Dakota Supreme Court · 1914
- Security State Bank v. Bank of CentervilleSouth Dakota Supreme Court · 1923
6 more not listed; retrieve them via the Exa API.