Legal Opinion
Forest Home Cemetery Ass'n v. Dardanella Financial Corp.
South Dakota Supreme Court
Decided February 16, 1983No. 13663, 13669PublishedCited by 7 opinions
1Opinion of the Court
MORGAN, Justice.
This appeal arises from an action brought by appellant Forest Home Cemetery Association (Forest Home), against appellee Dar-danella Financial Corporation (Dardanella), seeking to quiet title to a cemetery. The circuit court entered a summary judgment declaring Dardanella to be the lawful owner of the property by adverse possession. Forest Home appeals and we reverse.
In 1892, Forest Home incorporated for perpetual existence to purchase and hold real estate “for the sale, use and purpose of a burial ’ground.” The cemetery, consisting of five acres, was part of a fourteen-acre…
2Cases cited14 opinions
- Cuka v. Jamesville Hutterian Mutual SocietySouth Dakota Supreme Court · 1980
- Tracy v. BittleSupreme Court of Missouri · 1908
- Bankers Home Building & Loan Ass'n v. WyattTexas Supreme Court · 1942
- Sioux City Boat Club v. MulhallSouth Dakota Supreme Court · 1962
- State Ex Rel. Winterfield v. Hardin County Rural Electric CooperativeSupreme Court of Iowa · 1939
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3Cited by7 opinions
- Community Collaborative of Bridgeport, Inc. v. GanimSupreme Court of Connecticut · 1997
- Bennett v. 3 C Coal Co.West Virginia Supreme Court · 1989
- Lewis v. MoorheadSouth Dakota Supreme Court · 1994
- Pokela v. Red Owl Stores, Inc. (In Re Dakota Country Store Foods, Inc.)United States Bankruptcy Court, D. South Dakota · 1989
- Lien v. BeardSouth Dakota Supreme Court · 1991
2 more not listed; retrieve them via the Exa API.