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WEST v. CARON

No. 12783.

299 N.W.2d 197 (1980)

Lealand WEST, Bruce P. Badley and Beverly A. Badley, all as tenants in common, Plaintiffs and Appellants, v. Denis M. CARON and Mariagnes Caron, individually and as husband and wife, Lawrence County, a Political Subdivision of the State of South Dakota, the City of Deadwood, a Municipal Corporation, and the State of South Dakota, Defendants and Appellees.

Supreme Court of South Dakota.

Decided December 3, 1980.

Attorney(s) appearing for the Case

A. P. Fuller of Amundson & Fuller, Lead, for plaintiffs and appellants.

Jon Mattson of Driscoll, Mattson, Rachetto & Christensen, Deadwood, for defendants and appellees.

WOLLMAN, Chief Justice.

Appellants are the owners of School Lots 60 and 61 in the City of Deadwood, Lawrence County, South Dakota. Denis and Mariagnes Caron (appellees) are the owners of Mineral Survey (M.S.) 1865. Appellants brought an action to quiet title in School Lots 60 and 61 pursuant to SDCL ch. 21-14. The complaint alleged that appellants owned M.S. 1865 in whole or in part, by virtue of their ownership of School Lots 60 and 61. In effect, appellants alleged...

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