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ESTATE OF FOUNTAIN v. SCHROEDER

No. 21859.

637 N.W.2d 27 (2001)

2001 SD 139

ESTATE OF Charles A. FOUNTAIN, Plaintiff and Appellee, v. Ellen (Fountain) SCHROEDER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 14, 2001.

Attorney(s) appearing for the Case

Michael A. Hauck of Bangs, McCullen, Butler, Foye & Simmons, Sioux Falls, for appellee.

Gregory P. Grajczyk of Boos & Grajczyk, Milbank, for appellant.

GORS, Acting Justice.

¶ 1 Ellen Schroeder (Ellen) appeals from a judgment ordering her eviction from the property on which she was living and in favor of the Estate of Charles A. Fountain (Estate) for $3,500 for unpaid rent plus interest and costs. We reverse.

FACTS

¶ 2 Ellen, Charles Fountain (Charles) and Kevin Fountain (Kevin) are siblings. Ellen moved to Brandon, South Dakota, to care for her parents in 1991. In 1994, Ellen moved her...

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