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SALMON v. BRADSHAW

Nos. 10550, 10560.

173 N.W.2d 281 (1969)

Wayne E. SALMON and Charlotte Salmon, Plaintiffs, Respondents and Cross-Appellants, v. William BRADSHAW and Betty Green Bradshaw, Defendants and Appellants.

Supreme Court of South Dakota.

December 23, 1969.

Attorney(s) appearing for the Case

Davenport, Evans, Hurwitz & Smith, Robert C. Heege, Sioux Falls, for defendants and appellants, Neale, Newman, Bradshaw & Freeman, Springfield, Mo., of counsel.

Boyce, Murphy, McDowell & Greenfield, Sioux Falls, for plaintiffs, respondents, and cross-appellants.

HANSON, Judge (On reassignment).

This action involves the respective rights of adjoining residential lot owners to a right-of-way in the City of Sioux Falls. Plaintiffs commenced the action for a declaratory judgment and for injunctive relief. Defendants counterclaimed with an action to quiet title and for damages. Both parties moved for summary judgment. The trial court entered judgment for plaintiffs granting them an easement over a portion of the easement area...

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