Legal Opinion

Mills v. Lehmann

South Dakota Supreme Court

Decided December 11, 1911PublishedCited by 1 opinion

Appeal from Circuit Court, Aurora County, lion. Frank B. Smith, Judge. Action by Marlin M. Mills against Gottlieb A. Lehmann. Judgment for plaintiff, and defendant appeals.

1Opinion of the CourtMcCOY, J.

This action involves a dispute over boundary lines. Plaintiff is the owner of the S. IL j4 of section 13, and defendant is the owner of the N. of section 24, in township 101 north of range 64 west, situated in Aurora county. The dispute arises over the true location of the section line between said sections 13 and 24. Plaintiff claims to own according to United States governmenf survey. Defendant claims to own according to a survey designated as the Van Antwerp survey. The Van Antwerp survey changes or removes to the north the section line from where plaintiff claims it should be according to…

2Cases cited5 opinions

  1. Randall v. Burk TownshipSouth Dakota Supreme Court · 1893
  2. Climer v. WallaceSupreme Court of Missouri · 1859
  3. Unzelmann v. SheltonSouth Dakota Supreme Court · 1905
  4. Tyler v. HaggartSouth Dakota Supreme Court · 1905
  5. Wentzel v. ClaussenSouth Dakota Supreme Court · 1910

3Cited by1 opinion

  1. Stubbins Hotel Co. v. BeissbarthNorth Dakota Supreme Court · 1919

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