Legal Opinion

Estate of Fountain v. Schroeder

South Dakota Supreme Court

Decided November 14, 2001No. NonePublishedCited by 7 opinions

1Opinion of the Court

GORS, Acting Justice.

[¶ 1.] Ellen Schroeder (Ellen) appeals from a judgment ordering her eviction from the property on which she was living and in favor of the Estate of Charles A. Fountain (Estate) for $3,500 for unpaid rent plus interest and costs. We reverse.

FACTS

[¶ 2.] Ellen, Charles Fountain (Charles) and Kevin Fountain (Kevin) are siblings. Ellen moved to Brandon, South Dakota, to care for her parents in 1991. In 1994, Ellen moved her mobile home to an adjacent vacant lot owned by her father (Father) who allowed Ellen to use the lot if she would pay one half of the real estate taxes on…

2Cases cited5 opinions

  1. Permann v. South Dakota Department of Labor, Unemployment Insurance DivisionSouth Dakota Supreme Court · 1987
  2. Matter of Estate of O'KeefeSouth Dakota Supreme Court · 1998
  3. Matter of Estate of JetterSouth Dakota Supreme Court · 1997
  4. Century 21 Associated Realty v. HoffmanSouth Dakota Supreme Court · 1993
  5. Meservy v. StonerSouth Dakota Supreme Court · 1926

3Cited by7 opinions

  1. Crisman v. Determan Chiropractic, Inc.South Dakota Supreme Court · 2004
  2. Rindal v. SohlerSouth Dakota Supreme Court · 2003
  3. In Re Estate of BrownleeSouth Dakota Supreme Court · 2002
  4. In Re the Estate of SiebrasseSouth Dakota Supreme Court · 2002
  5. In the Matter of the Estate of Henry SiebrasseSouth Dakota Supreme Court · 2002

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