Eli v. Eli: Difference between revisions

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|procedural_history=In 1996, the 2 sons of Mrs. Eli sought to force a sale of the entire property of 112 acres while the grand-daughter sought to partition her portion in the trial court in South Dakota
|arguments=The lawyer for the 2 uncles contended that the 112-acre land's worth would be up to 20% more if the parcels were sold as 1 unit.
|case_text_links={{Infobox Case Brief/Case Text Link
|case_text_links={{Infobox Case Brief/Case Text Link
|link=https://law.justia.com/cases/south-dakota/supreme-court/1997/666.html
|link=https://law.justia.com/cases/south-dakota/supreme-court/1997/666.html

Revision as of 21:03, March 5, 2024

Eli v. Eli
Court South Dakota Supreme Court
Citation 557 N.W.2d 405
Date decided January 8, 1997

Facts

  • Mrs. Eli's family owned 117 acres of land in South Dakota for about 100 years.
  • In 1992, Mrs. Eli deeded 1/3 of undivided interest in 112 acres of the aforesaid land to each of her 3 sons.
  • 1 of the Eli sons transferred his interest to his daughter
  • The 112 acres were L-shaped; thus, it was necessary to pass through the south-westerly parcel to reach to north-westerly parcel
  • Until 1996, the 112 acres were rented out under 1 lease & farmed as a single unit.

Procedural History

In 1996, the 2 sons of Mrs. Eli sought to force a sale of the entire property of 112 acres while the grand-daughter sought to partition her portion in the trial court in South Dakota

Arguments

The lawyer for the 2 uncles contended that the 112-acre land's worth would be up to 20% more if the parcels were sold as 1 unit.

Resources