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HILL v. LAMPERT LUMBER COMPANY

No. 9767.

101 N.W.2d 396 (1960)

Malinda F. HILL, Plaintiff and Respondent, v. LAMPERT LUMBER COMPANY, a Corporation, Edward J. Roth and Clara R. Roth, 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.

PER CURIAM.

For our purposes this suit is similar to Holzworth v. Roth, S.D., 101 N.W.2d 393. While it involves a different lot, a different series of deeds with a different ultimate grantee and an action to foreclose different mechanics liens, it presents in the same circumstances the legal issue of whether a suit in equity will lie. This matter is governed by the opinion in Holzworth v. Roth, supra. Accordingly, the judgment of...

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