HOMES DEVELOPMENT COMPANY v. SIMMONS

No. 9477.

70 N.W.2d 527 (1955)

HOMES DEVELOPMENT COMPANY, Inc., a corporation; Leo L. Larrabee; Herman Harry Frick and Marie Frick; T. I. Newell and Marjorie V. Newell; Harry R. Stephens and Dorcey D. Stephens; and L. A. Davis, Plaintiffs and Respondents, v. Joe C. SIMMONS; Alma E. Voyles; Clyde Harshfield; Laurence Weyler and Irma G. Weyler, Defendants and Appellants.

Supreme Court of South Dakota.

June 4, 1955.


Attorney(s) appearing for the Case

H. F. Fellows, Rapid City, Penfold & Overpeck, Belle Fourche, for plaintiffs and respondents.

Charles R. Hayes, Deadwood, Smiley & Clark, Belle Fourche, for defendants and appellants.


SEACAT, Circuit Judge.

The plaintiffs commenced this action to quiet the title to their real estate and to eliminate and close an irrigation ditch which runs through and over their property. The trial court rendered judgment for plaintiffs, and the defendants have appealed. The evidence is undisputed.

The property of the plaintiffs consists of certain lots located in subdivisions of the city of Belle Fourche, South Dakota; and all of the property described...

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