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BLUE v. BLUE

No. 28426.

916 N.W.2d 131 (2018)

2018 S.D. 58

James BLUE, Plaintiff and Appellee, v. Thomas E. BLUE, Defendant and Appellant.

Supreme Court of South Dakota.

OPINION FILED July 18, 2018.

Attorney(s) appearing for the Case

JOHN "JACK" S. THEELER , ZACHARY T. FLOOD , Morgan Theeler, LLP, Mitchell, South Dakota, Attorneys for plaintiff and appellee.

DAVID J. LARSON , ALBERT STEVEN FOX , Larson Law, P.C., Chamberlain, South Dakota, Attorneys for defendant and appellant.

[¶ 1.] Tom and Jim Blue inherited two parcels of land as tenants in common. Approximately ten years later, Jim commenced this action to partition one of the parcels. Tom counterclaimed for partition and for the value of purported improvements. He also counterclaimed for restitution for the time he spent caring for both properties...

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