Bauer v. Roberts

Following the decision of this court in the case of Nyswanger v. Roberts, 67 S. D. 362, 293 N. W. 187, this present action was commenced. The purpose of this action is to quiet title to the residential property in Rapid City and to gain possession thereof for the plaintiffs. It appears that following the execution of the deed by Lillian Nyswanger, which purported to convey this property to O. H. Roberts, the grantee never was given possession of the property but Miss Nyswanger remained in possession thereof and still continues to occupy the premises. The trial court refused to give plaintiffs…