SIEFKES v. WATERTOWN TITLE CO.

Nos. 15568, 15584.

413 N.W.2d 377 (1987)

Roger G. SIEFKES, Plaintiff and Appellee, v. WATERTOWN TITLE COMPANY and Western Surety Company, Defendants, Third Party Plaintiffs and Appellants, v. Hubert G. HERZOG, a/k/a Herbert Herzog, Third Party Defendant and Third Party Plaintiff, v. FISCHER TWINS, INC., and Alfred Fischer and Alvin Fischer, individually, Third Party Defendants, v. CODINGTON COUNTY REGISTER OF DEEDS, Third Party Defendant and Appellee.

Supreme Court of South Dakota.

Decided October 7, 1987.


Attorney(s) appearing for the Case

Todd D. Boyd of Gunderson, Evenson & Boyd, Clear Lake, for plaintiff and appellee.

John C. Wiles of Osheim, Fox, Bartron & Wiles, Watertown, for Watertown Title Co. and Western Sur. Co.

Roger W. Ellyson, Codington County State's Atty., Watertown, for Codington County Register of Deeds.


MORGAN, Justice.

Roger G. Siefkes (Siefkes) commenced action seeking declaratory judgment on existence of a right-of-way easement over the North fifty feet (N50') of both the West one-half (W ½) and the East one-half (E ½) of Endres First Addition, Codington County, South Dakota. The trial court determined necessary parties should be joined pursuant to SDCL 15-6-19. The present owner of the W ½ (Herzog), Codington County Register of Deeds, and Herzog...

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