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FOREST HOME CEMETERY v. DARDANELLA FIN. CORP.

Nos. 13663, 13669.

329 N.W.2d 885 (1983)

FOREST HOME CEMETERY ASSOCIATION, Plaintiff and Appellant, v. DARDANELLA FINANCIAL CORPORATION, Defendant and Appellee.

Supreme Court of South Dakota.

Decided February 16, 1983.

Attorney(s) appearing for the Case

Dennis C. McFarland of McFarland & Petersen, Sioux Falls, for plaintiff and appellant; Scott C. Petersen of McFarland & Petersen, Sioux Falls, on the brief.

James R. Feyder of Simons, Gibbs, Feyder & Myers, Sioux Falls, for defendant and appellee; James R. Myers of Simons, Gibbs, Feyder & Myers, Sioux Falls, on the brief.

MORGAN, Justice.

This appeal arises from an action brought by appellant Forest Home Cemetery Association (Forest Home), against appellee Dardanella Financial Corporation (Dardanella), seeking to quiet title to a cemetery. The circuit court entered a summary judgment declaring Dardanella to be the lawful owner of the property by adverse possession. Forest Home appeals and we reverse.

In 1892, Forest Home incorporated for perpetual existence to purchase and...

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