Uhlig v. Garrison
Supreme Court Of The Territory Of Dakota
Appeal from the District Court of Lawrence County. The facts are stated in the opinion. This is an action of ejectment brought by plaintiff to recover possession of a part of a certain lot in the city of Deadwood.
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Appeal from the District Court of Lawrence County. The facts are stated in the opinion. This is an action of ejectment brought by plaintiff to recover possession of a part of a certain lot in the city of Deadwood. The case was tried by a jury, and a verdict rendered, upon which the Court entered judgment for plaintiff, fro'm which judgment entered on the 9th day of November, 1877, the defendants appeal to the Supreme Court and claim that the judgment so entered should be reversed because the court below erred. I. In instructing the jury that the actual possession of a part of a well defined…
1Opinion of the CourtShannon, C. J.
In his complaint, the plaintiff alleges mere possession, without any legal interest, and without showing any right .of possession, but relies solely upon an alleged relation of landlord and tenant. He sets up a written contract, dated the 24th day of August, 1876, at Dead wood, by which he leased to the assignors of the defendants a part of a lot of ground in said city, for a term of eight months. The lease is made a part of the bill of exceptions, and shows a rent of twenty-five dollars per month, payable in advance, and an agreement that, at the expiration of the lease, the plaintiff should…
2Cases cited2 opinions
- Armstrong v. TolerSupreme Court of the United States · 1826
- Kennett v. ChambersSupreme Court of the United States · 1852
3Cited by9 opinions
- Caledonia Gold Mining Co. v. NoonanSupreme Court Of The Territory Of Dakota · 1882
- Territory of Dakota v. CoxSupreme Court Of The Territory Of Dakota · 1886
- American Copying Co. v. Eureka BazaarSouth Dakota Supreme Court · 1906
- Mayes v. Cherokee Strip Live Stock Ass'nSupreme Court of Kansas · 1897
- Megreedy v. MacKlinSupreme Court of Oklahoma · 1903
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