CUKA v. JAMESVILLE HUTTERIAN MUT. SOC.

No. 12738.

294 N.W.2d 419 (1980)

Donald M. CUKA, Plaintiff and Appellant, v. JAMESVILLE HUTTERIAN MUTUAL SOCIETY and all persons unknown who have, or claim to have any Interest or Estate in or encumbrances upon the premises described in the complaint, Defendants. JAMESVILLE HUTTERIAN MUTUAL SOCIETY, Third Party Plaintiff and Appellee, v. Lorraine SEIGEL, Executrix of the Estate of George Seigel, deceased, Olivia Miley, formerly known as Olivia Seigel, Executrix of the Estate of Arnold Seigel, deceased, Gerald I. Geraldson, Linda H. Geraldson, William Braunesreither, Evelyn Braunesreither and William Heinsch, Third Party Defendants.

Supreme Court of South Dakota.

Decided July 1, 1980.

Rehearing Denied August 6, 1980.


Attorney(s) appearing for the Case

R. J. Krueger, Jr. of DeVany & Krueger, Vermillion, for plaintiff and appellant.

Larry F. Hosmer, Yankton, for third party plaintiff and appellee.


MORGAN, Justice.

This appeal stems from a quiet title action initiated by appellant against appellee and other unknown defendants. The trial court entered judgment in favor of appellee and found that it had established ownership by adverse possession to the disputed 35 acres of land. Appellant appeals from that portion of the judgment which gives appellee title to 13.4 acres of wooded area within the disputed land. We affirm...

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