Flisrand v. Madson
South Dakota Supreme Court
Appeal from Circuit Court, Kingsbury County. Hon. Alva E. Taylor, Judge. Action by Ole N. Elisrand against M. Chris Madson and another, to quiet title and to determine conflicting rights to realty, being an island in an inland lake. Erom a judgment for. defendants, and from an order denying a new trial, plaintiff appeals.
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Appeal from Circuit Court, Kingsbury County. Hon. Alva E. Taylor, Judge. Action by Ole N. Elisrand against M. Chris Madson and another, to quiet title and to determine conflicting rights to realty, being an island in an inland lake. Erom a judgment for. defendants, and from an order denying a new trial, plaintiff appeals. The alleged “relicted lot No. 21,” title to which is in controversy, was surveyed by one claiming to be, but who, it was claimed, was not in fact, county surveyor, under instructions from plaintiff and others, as part of the general survey of the bed of the lake in question,…
1Opinion of the CourtMcCOY, P. J.
This is an action -to quiet title and determine conflicting property rights, brought by plaintiff against defend*461ants. Plaintiff alleged that he was the owner of lot i, in section ii, and lots i, 2, and 3, and the S. E. Y\ of N. W. J4, and the S. Vz of N. E. Y of «ection 14, and relicted lot 21, all in township 112, range 53, Kingsbury county, and prayed judgment quieting and confirming title thereto in himself. Defendants answered, admitting -plaintiff to be the owner of lot 1, section 11, and lots 1, 2, and 3, and the S- E. Y of N. W. Y> and the S. % of N. W. Y of section 14, but denied that…
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