City of Deadwood v. Whittaker

Citations

• 12 S.D. 515
• 81 N.W. 908
• 1900 S.D. LEXIS 68

Syllabus

<p>1. Ono who entere on an Indian reservation and attempted to locate a mining claim, to which, alt :r the treaty opening- the reservation, he was given a patent, bad, prior to such Irealy, sufficient right in such claim to part with a portion thereof by dedication for a highway, and, the public having his consent t.o their use of the land and that of the United States under Rev. St. U. S., $ 2477, granting a right of way for the construction of highways over public lands not reserved for public use, they acquired a valid title by such dedication, of which no subsequent acts of the patentee or his grantees could deprive them.</p> <p>2. Where one consented to a platting and laying out of lots and streets, which plat included a, street, a portion of his claim, and he subsequently conveyed such claim, describing it according to the plat, there was a dedication of the portion taken for the street.</p>