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BARTELS v. ANACONDA CO.

No. 13093.

304 N.W.2d 108 (1981)

Mervin V. BARTELS and Bertha L. Bartels, Plaintiffs and Appellees, v. The ANACONDA COMPANY, a corporation, Defendant and Appellant, and Lawrence County, a Political Subdivision of the State of South Dakota, and the State of South Dakota, Defendants.

Supreme Court of South Dakota.

Decided April 8, 1981.

Attorney(s) appearing for the Case

Reed C. Richards of Richards & Richards, Deadwood, for plaintiffs and appellees.

Max S. Main of Mueller & Bennett, Belle Fourche, for defendant and appellant.

DUNN, Justice.

This is an appeal from a judgment which found that Mervin V. Bartels and Bertha L. Bartels (Bartels) had established title by adverse possession to the surface rights of approximately 4.1 acres of land in Lawrence County, South Dakota. The Anaconda Company (Anaconda), record titleholder, appeals. We reverse and remand.

The subject matter of this appeal is a 4.1 acre tract of land which is located on portions of Mineral Point, Oxford, Mohawk...

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