1. Home
  2. Browse Decisions
  3. N.W.2d
  4. 814 N.W.2d
  5. 814 N.W.2d 131 (2012)
 

SPRINGER v. CAHOY

Nos. 26107, 26108, 26116.

814 N.W.2d 131 (2012)

2012 S.D. 32

Dale E. SPRINGER, Dorothy M. Springer, Roger A. Springer and Daniel L. Springer, Plaintiffs and Appellants, v. Andy CAHOY, Defendant and Appellee, and Donald L. McClung, as trustee of the Donald L. McClung Trust, Leonard M. McClung, as trustee of the Leonard M. McClung Trust and All Other Persons Unknown Claiming Any Right, Title, Estate, Lien or Interest in the Complaint Adverse to Plaintiffs' Ownership or Any Cloud On Plaintiff's Title, Defendants. Dale E. Springer, Dorothy M. Springer, Roger A Springer and Daniel L. Springer, Plaintiffs and Appellees, v. Andy Cahoy, Defendant and Appellant, and Donald L. McClung, as trustee of the Donald L. McClung Trust, Leonard M. McClung, as trustee of the Leonard M. McClung trust and All Other Persons Unknown Claiming Any Right, Title, Estate, Lien or Interest in the Complaint Adverse to Plaintiffs' Ownership or Any Cloud on Plaintiff's Title, Defendants.

Supreme Court of South Dakota.

Decided May 2, 2012.

Attorney(s) appearing for the Case

Gary W. Schumacher of Wilkinson & Wilkinson, De Smet, South Dakota, Attorneys for plaintiffs and appellants # 26107, for plaintiffs and appellees # 26108, #26116 (N.O.R.).

Gordon P. Nielsen of Delaney, Vander Linden, Delaney, Nielsen & Sannes, P.C., Sisseton, South Dakota, Attorneys for defendant and appellant # 26108, for defendant and appellee # 26107.

ZINTER, Justice.

[¶ 1.] The central issue in these consolidated appeals is whether an easement implied from prior use exists. Dale Springer, Dorothy Springer, Roger Springer, and Daniel Springer (Springers) own a forty-acre parcel of property. Andy Cahoy owns an adjoining forty-acre parcel. After Springers purchased their parcel, they began using Cahoy's parcel to access their property. When Cahoy prohibited Springers from crossing Cahoy's parcel, Springers filed...

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