Legal Opinion

Schultz v. Dew

South Dakota Supreme Court

Decided June 18, 1997No. NonePublishedCited by 16 opinions

1Opinion of the Court

MILLER, Chief Justice.

[¶ 1] Thomas C. Dew and Denise A. Dew appeal a summary judgment in favor of the claim of adverse possession made by Mark F. Schultz, Pearl E. Pepka, and Mary T. Carter (collectively referred to as Pepka). We affirm.

FACTS

[¶ 2] This case concerns ownership of a strip of land, 45.5 feet by 230 feet, which includes Pepka’s driveway and runs across the western edge of Dew’s property. The undisputed facts are as follows.

[¶3] On April 11, 1946, Lawrence and Pearl Pepka obtained by warranty deed the residential property described generally as Outlot 37, and a portion of Outlot…

2Cases cited6 opinions

  1. Ward v. LangeSouth Dakota Supreme Court · 1996
  2. Taylor v. TrippSouth Dakota Supreme Court · 1983
  3. Lewis v. MoorheadSouth Dakota Supreme Court · 1994
  4. Cuka v. Jamesville Hutterian Mutual SocietySouth Dakota Supreme Court · 1980
  5. Weisel v. HobbsNebraska Supreme Court · 1940

1 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. City of Deadwood v. Summit, Inc.South Dakota Supreme Court · 2000
  2. Greene v. Morgan, Theeler, Cogley & PetersenSouth Dakota Supreme Court · 1998
  3. Titus v. ChapmanSouth Dakota Supreme Court · 2004
  4. Beckel v. GerberSouth Dakota Supreme Court · 1998
  5. Underhill v. MattsonSouth Dakota Supreme Court · 2016

11 more not listed; retrieve them via the Exa API.

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