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DURKEE v. VAN WELL

No. 22242.

654 N.W.2d 807 (2002)

2002 SD 150

Jennie DURKEE, Jennell Sylte, Geneva Durkee and William Fielhaber, Plaintiffs and Appellants, v. Gerald VAN WELL and Beverly Van Well, Defendants and Appellees.

Supreme Court of South Dakota.

Decided December 4, 2002.

Attorney(s) appearing for the Case

Gordon P. Nielsen of Delaney, Vander Linden, Delaney & Nielsen, Sisseton, South Dakota, Attorneys for plaintiffs and appellants.

John Wiles of Wiles & Rylance, Watertown, South Dakota, Attorneys for defendants and appellees.

ZINTER, Justice.

[¶ 1.] In 1975, Jennie Durkee (Durkee)1 and Gerald Van Well (Van Well) entered into an oral agreement to relocate a boundary fence that separated their respective properties. The agreement was made after a survey revealed that the fence was located approximately thirty-five feet north of the legally described location on the east-west quarter-section line between the properties. The southerly relocation of the fence...

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