KAUL v. MEISENHOLDER

No. 9508.

72 N.W.2d 310 (1955)

Ida KAUL, Lea DeWald, Bertha Mochel, Lillian Bindert, and Viola Mehihaf, Plaintiffs and Respondents, v. Marie MEISENHOLDER, as Administratrix of the Estate of Karolina Weisser, Deceased, Arthur E. Weisser, Emil H. Weisser, and Marie Meisenholder, Defendants and Appellants.

Supreme Court of South Dakota.

October 12, 1955.


Attorney(s) appearing for the Case

Davenport, Evans, Hurwitz, & Smith, Robert C. Heege, Sioux Falls, for defendants and appellants.

Morgan & Fuller, Mitchell, Robert Hirsch, Tripp, for plaintiffs and respondents.


RUDOLPH, Presiding Judge.

In this action plaintiffs seek a decree of the court adjudging that they are the owners of a five-eighths interest in certain real property. The trial court determined plaintiffs are the owners of the property and defendants have appealed.

The facts as found by the trial court are as follows: August Weisser died in Tripp County on January 4, 1951. He was survived by his wife, Karolina, six daughters and two sons. August left no will...

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