NORTHWEST REALTY CO. v. JACOBS

No. 12391.

273 N.W.2d 141 (1978)

NORTHWEST REALTY COMPANY, a corporation, Plaintiff and Respondent, v. Theodore C. JACOBS and Olive I. Jacobs, Defendants and Appellants.

Supreme Court of South Dakota.

Decided December 29, 1978.


Attorney(s) appearing for the Case

Herbert A. Heidepriem, Heidepriem, Widmayer & Campbell, Miller, for plaintiff and respondent.

Chas. H. Whiting, of Whiting & Hagg, Louis K. Freiberg, Rapid City, for defendants and appellants.


ZASTROW, Justice.

Northwest Realty Co. (plaintiff) sought an injunction requiring Ted and Olive Jacobs (defendants) to remove large amounts of fill dirt from the property in dispute. Defendants counter-claimed seeking a judgment quieting title to the property in them and enjoining the plaintiff from interfering with defendants' use and enjoyment of the property in question. From the judgment in favor of plaintiff, defendants appeal. We reverse.

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