HAYES, Presiding Judge.
The defendant in this action was the party plaintiff in litigation involving the assets of the estate of Edward Vappling, deceased. A part of that litigation is reflected in Johnston v. Eriksson, 71 S.D. 268, 23 N.W.2d 799. Subsequent to the cited decision and at the conclusion of a second trial defendant was adjudged to be entitled to the assets of said estate. Pending an appeal from such adjudication the parties to the action reached a settlement...
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