Homes Development Company v. Simmons

SEACAT, Circuit Judge.

The plaintiffs commenced this action to quiet the title to their real estate and to eliminate and close an irrigation ditch which runs through and over their property. The trial court rendered judgment for plaintiffs, and the defendants have appealed. The evidence is undisputed.

The property of the plaintiffs consists of certain lots located in subdivisions of the city of Belle Fourche, South Dakota; and all of the property described in the plaintiffs’ complaint, with the exception of block 4 of Zukemont Addition No. 1 to the city of Belle Fourche, is located in the…