ARGO OIL CORPORATION v. LATHROP

No. 9618.

82 N.W.2d 504 (1957)

ARGO OIL CORPORATION, a Corporation, Plaintiff and Respondent, v. Edwin A. LATHROP, a/k/a Edwin Alvin Lathrop; Floyd O. Gabriel, a/k/a F. O. Gabriel; Tressa B. Gabriel, a/k/a Tressa Bell Gabriel; J. O. O'Connell; Kerr-McGee Oil Industries, Inc., a Corporation; Phillips Petroleum Company, a Corporation; The Federal Land Bank of Omaha, a Corporation, Defendants and Appellants, and The State of South Dakota, Defendant and Respondent.

Supreme Court of South Dakota.

April 29, 1957.


Attorney(s) appearing for the Case

Whiting, Lynn & Freiberg, Rapid City, Otto A. Gruhn, Omaha, Neb., for defendants and appellants.

Phil Saunders, Atty. Gen., Benj. D. Mintener and W. O. Knight, Asst. Attys. Gen., Pierre, for defendant and respondent State of South Dakota.

Eastman & Eastman, Rapid City, for plaintiff and respondent.


ROBERTS, Judge.

This is the second appeal in this case. The opinion on the former appeal is reported in S.D., 72 N.W.2d 431. The record shows that on August 28, 1935, E. T. McDonald, the owner of seven quarter sections of land in Pennington County, South Dakota, conveyed the land by warranty deed to the State of South Dakota. The deed recites that conveyance was made "Subject to a mortgage to the State of South Dakota as security...

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