FULLER v. MIDDAUGH

No. 9542.

77 N.W.2d 841 (1956)

Charles M. FULLER, Plaintiff and Respondent, v. Lawson E. MIDDAUGH and Mary E. Middaugh, his wife, Ziebach County, a public corporation, Defendants and Appellants.

Supreme Court of South Dakota.

July 6, 1956.


Attorney(s) appearing for the Case

Arend E. Lakeman, Mobridge, for defendants and appellants.

W. M. Potts, Mobridge, for plaintiff and respondent.


SMITH, Judge.

The subject matter of this litigation is a half section of Ziebach County land. On April 1, 1931 the record owner thereof was one Olaf Johnson. On that date Johnson conveyed by warranty deed to defendant Lawson E. Middaugh, and received from Middaugh a writing granting him the right to pay back $263.56 with interest on or before April 1, 1932, in which event Middaugh agreed to convey back to Johnson. Middaugh placed the Johnson deed of record. Johnson...

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