Sweatman v. Bathrick

Citations

• 17 S.D. 138
• 95 N.W. 422
• 1903 S.D. LEXIS 17

Syllabus

<p>1. The conclusion of the court in an action involving the dedication of a street, tried to the court without a jury, that the street was never “legally” dedicated to the public, was properly designated as a conclusion of law, and was reviewable on appeal; the word “legally” clearly indicating that the court referred to a statutory dedication.</p> <p>2. Where the owners of the land platted it, and laid out blocks and streets, including a street, and afterwards, by four separate conveyances, recognized a subsequent'plat by the city engineer, showing a changed location of the.street, and made no objection to the public use of the street as .sp changed, there was a dedication of the street, not only as origin- • ally platted, but as changed by the second plat.</p> <p>3. Under Comp. Laws 1887, § 2783, providing that an owner of land bounded by a public way is presumed to own to the center of the way, unless the contrary is shown, and section 3252, providing that atransfer of land bounded by a highway passes title to the center thereof, unless a. different intent appears, .a conveyance of property fronting on a road or street will be presumed to carry title to the center of the way, unless the fee therein is expressly reserved.</p> <p>4. A conveyance describing a triangular piece of land as commencing at the northwest corner of L. and S. streets, thence northerly along S. street, thence southwest along a certain line to L. street, .and thence easterly to the place of beginning, passed title to the center of the street, and did not show an intent to limit the title conveyed to the line of the street.</p> <p>5. In determining whether a grantor conveying'a lot abutting on a street retained title to the land used for the street, it is immaterial whether the street was used by the public under a common-law ora statutory dedication.</p> <p>6. Where the court found for plaintiffs in an action to quiet title as to part of the property described in the complaint, it was error t