McCarthy v. Speed
South Dakota Supreme Court
Appeal from circuit court, Pennington county. Hon. William Gardner, Judge. Action by Patrick B. McCarthy against Edward W. Speed, administrator of Wm. B. Franklin, deceased, and others, to determine conflicting claims to certain mining property. Judgment for defendants. Plaintiff appeals. The facts are stated in the opinion.
1Opinion of the CourtHaney, J.
This action, brought for the purpose of determining adverse claims to certain mining property, was tried by the court, and resulted in a judgment wherein the claims of plaintiff are adjudged to be invalid. He appeals from such judgment and from an order denying a new trial.
From the findings of the trial court the following facts appear: On September 16, 1882, Jacob F. Reed and William Franklin located a portion of the ground in controversy as the Reed placer mining claim. From the date of location until 1892 Reed and Franklin were in actual, notorious and peaceable possession of the claim,…
2Cases cited5 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Manuel v. WulffSupreme Court of the United States · 1894
- Turner v. SawyerSupreme Court of the United States · 1893
- Noyes v. MantleSupreme Court of the United States · 1888
- Venable v. BeauchampCourt of Appeals of Kentucky · 1835
3Cited by8 opinions
- Stevens v. Grand Central Min. Co.Court of Appeals for the Eighth Circuit · 1904
- Madison v. Octave Oil Co.California Supreme Court · 1908
- Allen v. LaudahnIdaho Supreme Court · 1938
- McPherson v. JuliusSouth Dakota Supreme Court · 1903
- Hardin v. HardinSouth Dakota Supreme Court · 1910
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