Behrens v. Baldenecker

This action was commenced for the purpose of quieting title to a certain residence property located in the City of Sioux Palls. By agreement of the parties this property was sold for $13,000 and the proceeds thereof are now held by a third party awaiting the outcome of this action. Following the sale of the property an amended complaint was served and filed seeking to quiet title in the plaintiff to the proceeds of the sale under the provisions of SDC 37.16. The trial court dismissed the action and plaintiff has appealed.

The facts are as follows: The plaintiff and defendants are sisters. In…