NELSON v. GREGORY COUNTY

No. 13441.

323 N.W.2d 139 (1982)

Richard NELSON, Plaintiff and Appellee, v. GREGORY COUNTY, South Dakota; The State of South Dakota; Herbert Buryanek; Mrs. Herbert Buryanek, or if any of them be Deceased, their Heirs, Devisees, Legatees, Executors, Administrators or Creditors, Known or Unknown or any or Either of them and all Persons Unknown who may have or Claim to have any Estate or Interest in or Lien or Encumbrances upon such Real Property or any part Thereof, Defendants, and James Buryanek, Jr., and Dianne Kay Buryanek, Defendants and Appellants.

Supreme Court of South Dakota.

Decided August 18, 1982.


Attorney(s) appearing for the Case

John J. Simpson, Winner, for plaintiff and appellee.

Dale F. Benson of Willoughby & Benson, Burke, for defendants and appellants.


WOLLMAN, Chief Justice.

This is an appeal from a judgment quieting title to land in appellee. We affirm.

In 1951 Wesley Smerling purchased forty acres of real estate from Gregory County. Sometime later, but before May 6, 1957, the United States Government acquired ten acres from Smerling's forty-acre tract.

On May 6, 1957, Smerling entered into an agreement, denominated an easement, with Mr. and Mrs. Herbert Buryanek and their son, James Buryanek,...

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