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MILLER v. SCHOLTEN

Nos. 12169, 12173.

273 N.W.2d 757 (1979)

Ernest MILLER and Marlys Miller, Plaintiffs and Respondents, No. 12169 and Plaintiffs and Cross-Appellants, No. 12173, v. Leonard SCHOLTEN and Viola Scholten, Defendants and Appellants, No. 12169 and Defendants and Cross-Respondents, No. 12173.

Supreme Court of South Dakota.

Rehearing Denied February 7, 1979.

Attorney(s) appearing for the Case

Michael B. Crew of Crew Law Offices, Vermillion, for plaintiffs and respondents, No. 12169 and plaintiffs and cross-appellants, No. 12173.

Everett A. Bogue of Bogue, Weeks & Rusch, Vermillion, for defendants and appellants, No. 12169 and defendants and cross-respondents, No. 12173.

WOLLMAN, Chief Justice.

Plaintiffs brought this action seeking a declaration that a certain road leading to their property had been dedicated to the public for use as a public road. In the alternative, plaintiffs asked for a judgment barring defendants from interfering with plaintiffs' use of the road. The trial court entered findings of fact, conclusions of law, and judgment granting plaintiffs a prescriptive easement across defendants' property for the purposes...

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