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CAPP HOMES, INC. v. FERGUSON

No. 10902.

191 N.W.2d 171 (1971)

CAPP HOMES, INC., a corporation, Plaintiff and Respondent, v. James S. FERGUSON and Celia P. Ferguson, Defendants and Appellants.

Supreme Court of South Dakota.

Decided October 26, 1971.

Rehearing Denied December 6, 1971.

Attorney(s) appearing for the Case

Dallas Brost, Presho, for plaintiff and respondent.

William E. Benjamin, Rosebud, for defendants and appellants.

BIEGELMEIER, Presiding Judge.

This started out to be a simple common statutory action to recover possession of real property or, as our statutes term it— unlawful detainer thereof. SDCL 21-16. Prior to the South Dakota Code of 1939 the 1919 Code provisions declared only justices' courts by §§ 2129(7) and 2170 and municipal courts by § 2122(6) had original jurisdiction. It was expressly denied circuit courts by § 2114 and county courts by...

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