SCHWARTZLE v. DALE

No. 9248.

54 N.W.2d 361 (1952)

SCHWARTZLE et al. v. DALE.

Supreme Court of South Dakota.

Rehearing Denied September 19, 1952.


Attorney(s) appearing for the Case

A. J. Beck, Oden & Mead, Elk Point, for appellants.

Donley & Crill and Owen J. Donley, Elk Point, for respondent.


SMITH, Judge.

Predicated upon the repudiation of an alleged parol agreement to hold described real property in trust for plaintiffs' predecessors in interest, the complaint prays for restitution. The trial court found that defendant verbally agreed to hold the property in trust but concluded that (a) the alleged cause of action was barred by certain final decrees in probate, and (b) the plaintiffs are estopped by laches...

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