Koloen v. Pilot Mound Township
North Dakota Supreme Court
From a judgment of the District Court of Griggs County, Coffey, I.f plaintiff appeals. This was not sufficient and continuous user by the public to denote an intention to accept, or to make the road a public highway, in any sense. Walcott Twp. v. Skauge, 6 N. D. 382, 71 N. W. 544. There is no evidence here to show that the land involved belonged to the government at the time of the passage of the act. § 2477, D. S. Rev. Stat. Comp.
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From a judgment of the District Court of Griggs County, Coffey, I.f plaintiff appeals. This was not sufficient and continuous user by the public to denote an intention to accept, or to make the road a public highway, in any sense. Walcott Twp. v. Skauge, 6 N. D. 382, 71 N. W. 544. There is no evidence here to show that the land involved belonged to the government at the time of the passage of the act. § 2477, D. S. Rev. Stat. Comp. Stat. 1913, § 4919. The burden is upon defendants to show that title was in the government then, and that acceptance of the grant was by competent authority. Wells…
1Opinion of the CourtChristianson, J.
The only ultimate question presented for our determination in this case is whether there exists a highway across a quarter section of land in Griggs county, possessed by plaintiff under a ■ contract of purchase from the board of university and school lands of the state of North Dakota. The plaintiff asserts that no such highway exists, and brought this action to enjoin the township officials from grading and otherwise exercising dominion over the strip of land which defendants claim is dedicated to such highway use. The trial court decided in favor of defendants and dismissed plaintiff’s…
2Cases cited13 opinions
- Smith v. . SmytheNew York Court of Appeals · 1910
- Walcott Township v. SkaugeNorth Dakota Supreme Court · 1897
- Wallowa County v. WadeOregon Supreme Court · 1903
- Town of Randall v. RovelstadWisconsin Supreme Court · 1900
- Shanline v. WiltsieSupreme Court of Kansas · 1904
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- The Wilderness Society v. Rogers C. B. Morton, Secretary of the InteriorCourt of Appeals for the D.C. Circuit · 1973
- Kirk v. SchultzIdaho Supreme Court · 1941
- Small v. Burleigh CountyNorth Dakota Supreme Court · 1974
- Roper v. Elkhorn at Sun ValleyIdaho Supreme Court · 1980
- Huffman v. Board of SupervisorsNorth Dakota Supreme Court · 1921
8 more not listed; retrieve them via the Exa API.