McCarthy v. Speed

Citations

• 12 S.D. 7
• 50 L.R.A. 184
• 80 N.W. 135
• 1899 S.D. LEXIS 64

Syllabus

<p>1. Where an appeal is from the judgment and an order denying new trial, made after judgment, but never entered, it will be considered as from the judgment alone.</p> <p>2. An appeal from a judgment for defendants in an action to determine adverse claims to mining property will not be dismissed because since the appeal the ground in controversy has been conveyed by defendants, and a patent has been issued to their grantee, who had constructive notice of the action.</p> <p>8. Parties claiming under the locators of a lode claim, who recorded their location certificate, are estopped, with the locators, against one to whom the locators sold an interest after an examination of the records, from asserting that there was no discovery to support the location. .</p>