SHIPPY v. HOLLOPETER

No. 13058.

304 N.W.2d 118 (1981)

Chandlor E. SHIPPY and Judy Shippy, Plaintiffs and Appellees, v. Jack and Ruthann HOLLOPETER and Fred and Christine Miller, Defendants and Appellants.

Supreme Court of South Dakota.

Decided April 8, 1981.


Attorney(s) appearing for the Case

Dale F. Benson of Willoughby & Benson, Burke, and Charles Rick Johnson of Johnson, Johnson & Eklund, Gregory, for plaintiffs and appellees.

J. M. Grossenburg of Day, Grossenburg & Whiting, Winner, for defendants and appellants.


FOSHEIM, Justice.

Defendants appeal from a judgment in favor of plaintiffs declaring a prescriptive easement and granting damages against defendants Hollopeter. We affirm in part and reverse in part.

Plaintiffs own the Southwest ¼ of the Northeast ¼ and the Southwest ¼ of Section Eleven, Township 96, Range 75, West Fifth PM in Tripp County. Defendants Hollopeter own the Northwest ¼ and defendants Miller own the Northwest ¼ of the Southeast...

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