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PHILBRICK v. LANDIS

No. 9636-a.

86 N.W.2d 392 (1957)

Robert G. PHILBRICK, Plaintiff and Appellant, v. James LANDIS and Lillie Landis, Defendants and Respondents.

Supreme Court of South Dakota.

December 2, 1957.

Attorney(s) appearing for the Case

Hitchcock, Nichol & Lassegard, Mitchell, for plaintiff and appellant.

Herschel V. Melcher, Chamberlain, for defendants and respondents.

SMITH, Presiding Judge.

The plaintiff prays for specific restitution of his title to a described tract of Buffalo county land on the ground that his conveyance of the same to defendants was delivered in partial performance of an indivisible, illegal and void contract. A trial to the court resulted in a judgment dismissing plaintiff's complaint and he has appealed.

Philbrick, the plaintiff, is of mixed Indian blood...

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