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JONES v. DAPPEN

No. 14327.

359 N.W.2d 894 (1984)

Betty JONES, Plaintiff and Appellee, v. Wesley DAPPEN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 19, 1984.

Attorney(s) appearing for the Case

John J. Simpson, Winner, for plaintiff and appellee.

James W. Olson, Armour, for defendant and appellant.

MORGAN, Justice.

On May 12, 1977, Wesley Dappen (Dappen) purchased certain real property on a contract for deed from the Sinclairs. At the time the contract for deed was executed, Betty Jones' (Jones) husband had possession of the property under an oral lease. During his tenancy, Jones' husband erected a one-mile cross fence within the exterior boundaries of the property. Jones succeeded to her husband's interest in this fence pursuant to a divorce decree.

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