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PORTER v. MAD BEAR

No. 9583.

79 N.W.2d 443 (1956)

William G. PORTER, as Special Administrator of the Estate of Robert Francis Mad Bear, Deceased, Plaintiff and Respondent, v. Gertrude MAD BEAR, John Bass and Mobridge Commission Company, Inc., Defendants and Appellants.

Supreme Court of South Dakota.

Rehearing Denied December 21, 1956.

Attorney(s) appearing for the Case

Morrison & Skaug, Mobridge, for defendants and appellants.

Donald J. Porter, Chamberlain, for plaintiff and respondent.

SMITH, Judge.

The single question raised by this appeal which merits our consideration is whether the plaintiff was without legal capacity to bring the action.

To provide a sufficient background for our decision, we briefly outline a portion of the facts developed at the trial.

Robert Francis Mad Bear, who operated a ranch near Wakpala, Corson county, died in May 1954. In June 1954 Gertrude Mad Bear, his...

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