Henderson v. Goforth
South Dakota Supreme Court
Appeal from Circuit Court, Lawrence County. Hon. .Wirriam G. Ric®, Judge. Action by James Henderson, sometimes known as James Cushing, against Robert W. Goforth and others, to quiet title in plaintiff, to water rights, as against defendants. From a judgment in favor of defendants, and from, an order denying a new trial, plaintiff appeals.
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Appeal from Circuit Court, Lawrence County. Hon. .Wirriam G. Ric®, Judge. Action by James Henderson, sometimes known as James Cushing, against Robert W. Goforth and others, to quiet title in plaintiff, to water rights, as against defendants. From a judgment in favor of defendants, and from, an order denying a new trial, plaintiff appeals. (2) Under point two of the opinion, Respondents cited: Wutchumna Water Co. v. Ragle (Cal.) 84 Pac. 162-166. (3) Under point three of the opinion, Appellant cited: Jones v. Redwater Co., 130 N. W. 91 (S. D.); Egan v. Estrada, 56 Pac. 721 (Ariz.); Smith v.…
1Opinion of the CourtSmitpi, P. J.
Plaintiff, Henderson, also known as Cushing, and the defendants, Goforth, Nelson, Arnott, and Westgate, are owners of riparian lands along a stream known as False Bottom creek, in Lawrence county. The lands of the respective defendants and the plaintiff are situated .upon said stream in the following order, commencing with the land farthest up stream: The defendants, Goforth, Nelson, Arnott, Westgate; plaintiff, Henderson. All of said lands were settled upon and occupied as lands belonging to the public domain, and title thereto acquired by the parties or their grantors through patent from…
2Cases cited14 opinions
- Sturr v. BeckSupreme Court of the United States · 1890
- Anaheim Water Co. v. Semi-Tropic Water Co.California Supreme Court · 1883
- Bullerdick v. HermsmeyerMontana Supreme Court · 1905
- Smith v. DuffMontana Supreme Court · 1909
- Bowman v. BowmanOregon Supreme Court · 1899
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3Cited by2 opinions
- Cook v. EvansSouth Dakota Supreme Court · 1921
- State v. SayerSouth Dakota Supreme Court · 1920