TRIPP v. F & K ASSAM FAMILY, LLC

No. 24580.

755 N.W.2d 106 (2008)

2008 SD 78

Marvin E. TRIPP and Donna Tripp De Schepper, a/k/a Donna De Schepper, Plaintiffs and Appellants, v. F & K ASSAM FAMILY, LLC, a South Dakota limited liability company; Samuel R. Assam and Lori R. Dewitt, As Co-trustees of the Assam Credit Trust Established under the Fred Assam Revocable Inter Vivos Trust Agreement dated July 29, 1987, as amended; Samuel R. Assam, Trustee of the Kay Assam Trust, Defendants and Appellees, and Viola Lape; Marquita Chavez and Rita R. Chavez; John T. Lape a/k/a John Lape and Janet C. Lape; City of Sioux Falls, South Dakota, a municipal corporation, The Illinois Central Railroad Company, f/k/a Illinois Central Gulf Railroad Company; The Unknown Heirs, Devisees, Legatees, Executors, Administrators or Creditors of H.C. Aldrich, Deceased; and all persons unknown who have or claim to have interest of Estate in or lien or encumbrance upon the premises described in the Complaint, Defendants.

Supreme Court of South Dakota.

Decided August 6, 2008.


Attorney(s) appearing for the Case

James E. Moore of Woods, Fuller, Shultz & Smith, PC, Sioux Falls, South Dakota, Attorneys for plaintiffs and appellants.

Timothy Grande, Patrick J. Summers of Mackall, Crounse & Moore, PLC, Minneapolis, Minnesota, Thomas J. Von Wald, John P. Mullen of Bangs, McCullen, Butler, Foye & Simmons, LLP, Sioux Falls, South Dakota, Attorneys for defendants and appellees F & K Assam Family, LLC, Samuel R. Assam & Lori R. DeWitt.


KONENKAMP, Justice.

[¶ 1.] Two landowners dispute title on two parcels of land, a 100-foot strip and a 33-foot strip. One landowner claims title based on two deeds and the other through adverse possession and reversionary interests. After several motions and cross motions for summary judgment, the circuit court quieted title to both parcels in favor of the deed holder. We affirm in part, reverse in part, and remand.

Background

[¶ 2.] Marvin...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases