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HOLZWORTH v. ROTH

No. 9766.

101 N.W.2d 393 (1960)

Martin A. HOLZWORTH and Martha Holzworth, Plaintiffs and Respondents, v. Edward J. ROTH and Clara A. Roth, Lampert Lumber Company, a Corporation, Robert V. Marcoe and Geneva V. Marcoe, Defendants and Appellants.

Supreme Court of South Dakota.

March 2, 1960.

Attorney(s) appearing for the Case

Gunderson, Farrar & Carrell, Rapid City, for defendants and appellants.

Burnell Hendricksen and Roswell Bottum, Rapid City, for plaintiffs and respondents.

RENTTO, Judge.

This suit in equity commenced on July 18, 1958, claimed a breach of the covenants of title in a series of standard form warranty deeds by which the title to Lot 37, Harmony Heights Addition in Spearfish, South Dakota, went from the Lampert Lumber Company to the Holzworths, as ultimate grantees. Those named as defendants are the grantors in this series of deeds. They interposed numerous objections to the suit, one of them being that in the circumstances...

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