BROADHURST v. AMERICAN COLLOID COMPANY

No. 10719.

177 N.W.2d 261 (1970)

Thomas J. BROADHURST, Respondent, v. AMERICAN COLLOID COMPANY, a Corporation, and Belle Products, Inc., a Corporation, Appellants.

Supreme Court of South Dakota.

May 12, 1970.


Attorney(s) appearing for the Case

Overpeck, Hamblin & Mueller, Walter Mueller, Belle Fourche, for appellants.

Reynolds & Hughes, Sundance, Wyo., Stephens & Brandenburg, Belle Fourche, for respondent.


HOMEYER, Judge.

This controversy involves the ownership of mineral rights in 280 acres1 of land in Butte County, South Dakota. Defendants' claims are predicated upon title by adverse possession. The trial court concluded that plaintiff, who is the surface owner, also owned the minerals, and judgment was so entered from which the defendants appeal.

The subject property was a part of the public domain when homestead entry was

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