Board of Education v. Mansfield
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. Joseph B. Moore, Judge. Action by the board of education of the city of Deadwood and another against John Mansfield and others. Prom a judgment for plaintiffs, defendants appeal. No title can be acquired, under the provisions of the town-site law, to lands known to be valuable for minerals, but that such lands are free and open to exploration occupation and purchase for mining purposes.
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Appeal from circuit court, Lawrence county. Hon. Joseph B. Moore, Judge. Action by the board of education of the city of Deadwood and another against John Mansfield and others. Prom a judgment for plaintiffs, defendants appeal. No title can be acquired, under the provisions of the town-site law, to lands known to be valuable for minerals, but that such lands are free and open to exploration occupation and purchase for mining purposes. Hawke v. Deffenbach, 22 N. W. 480; Deffenbach v. Hawke 115 U. S. 392: Moyle v. Butlene 44 Pac. 71; Richards v. Dower, 81 Cal. 53. A lode to be excepted from a…
1Opinion of the CourtCorson, J.
This is an action to quiet the title to certain town lots in the cityof Deadwood. It is alleged in the complaint, in substance, that the plaintiff, a municipal corporation, and the county judge, are the owners in possession and entitled to the possession of certain town lots therein described, and that the defendants cl aim and assert some estate and interest in and to the' said premises adverse to the plaintiffs. The plaintiffs also allege in their complaint that they claim title to the said property under and by virtue of the entry of the same as a town site in 1878, and confirmed.by patent…
2Cases cited12 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Steel v. Smelting Co.Supreme Court of the United States · 1882
- Deffeback v. HawkeSupreme Court of the United States · 1885
- Barden v. Northern Pacific RailroadSupreme Court of the United States · 1894
- Colorado Coal & Iron Co. v. United StatesSupreme Court of the United States · 1887
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3Cited by2 opinions
- Caldwell v. PiersonSouth Dakota Supreme Court · 1916
- Oswald v. COLUMBIA LUMBER COMPANY OF ALASKAAlaska Supreme Court · 1967