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BOSWORTH v. HAGERTY

No. 9759.

99 N.W.2d 334 (1959)

D. W. BOSWORTH, as an individual, and D. W. Bosworth, as administrator of the estate of Elizabeth B. Bosworth, also known as E. B. Bosworth, Deceased, Plaintiff and Appellant, v. John A. HAGERTY, Defendant and Respondent.

Supreme Court of South Dakota.

November 18, 1959.

Attorney(s) appearing for the Case

Fred D. Shandorf, Mitchell, M. T. Woods, Sioux Falls, for plaintiff and appellant.

Donald Fellows, Mitchell, for defendant and respondent.

RENTTO, Judge.

This action concerns the title to a tract of land in Aurora County containing about 536 acres. The record title thereto was in E. B. Bosworth at the time of her death. The plaintiff, D. W. Bosworth, is her surviving husband and the defendant, John A. Hagerty, is her son by a former marriage. These two are her sole heirs at law.

It is the claim of the plaintiff, predicated on SDC 59.0102(4), that his deceased wife held the title to this property...

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