IN RE ESTATE OF ROSENBAUM

No. 21420.

624 N.W.2d 821 (2001)

2001 SD 44

In the Matter of the ESTATE OF Ralph F. ROSENBAUM, Deceased.

Supreme Court of South Dakota.

Decided April 11, 2001.


Attorney(s) appearing for the Case

Robert A. Christenson, Sioux Falls, SD, Attorney for appellees Glenn and Delories Rosenbaum.

Steven R. Jensen of Crary, Huff, Inkster, Sheehan, Ringgenberg, Hartnett, Storm & Jensen Sr., Sioux City, Iowa, Attorneys for appellants Elaine Trudeau, Bonnie Pojunos, Ron Rosenbaum, Rhonda Chartier, Estellene Dunn, and Estate of Ralph F. Rosenbaum.


KONENKAMP, Justice

[¶ 1.] In this appeal, we consider the effect of an agreement to convey property and then reconvey it following a quiet title action on the ownership in riverside land accreted to that property. We conclude that the accreted property was effectively severed following the quiet title action; consequently, when the reconveyance occurred the accreted land was not included. We reverse the circuit court's opposite conclusion.

A.

...

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