CARR v. PRESLAR

No. 9142.

47 N.W.2d 497 (1951)

CARR et al. v. PRESLAR.

Supreme Court of South Dakota.

April 17, 1951.


Attorney(s) appearing for the Case

Davenport, Evans, Hurwitz & Smith Sioux Falls, for plaintiffs and appellants.

Manson & Delzer White River, M. Q. Sharpe, Kennebec, for defendant and respondent.


SMITH, Judge.

The complaint of plaintiffs, Jay R. Carr and Louie Krogman, prays for a judgment declaring their right to 5% of the oil and gas royalty reserved in a lease of Texas land owned by defendant, Benjamin F. Preslar. On the ground that plaintiffs' cause of action merged in a judgment entered in a previous action between the parties and is res judicata, the trial court entered judgment for defendant. The validity of that conclusion of law of the trial court...

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