Capp Homes, Inc. v. Ferguson

BIEGELMEIER, Presiding Judge.

This started out to be a simple common (statutory action to recover possession of real property, or as our statutes term it — unlawful detainer thereof. SDCL 21-16. Prior to the South Dakota Code of 1939 the 1919 Code provisions declared only justices' courts by §§ 2129(7) and 2170 and municipal courts by § 2122(6) had original jurisdiction. It was expressly denied circuit courts by § 2114 and county courts by. § 2119. If the title to, or boundary of, the real property came in question in justice court, the case was required to be certified to the circuit court,…