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IVERSEN v. TERRIERE

No. 9728-a.

104 N.W.2d 474 (1960)

Donald A. IVERSEN, otherwise known as Donald Iversen, Plaintiff and Appellant, v. Ed TERRIERE et al., Defendants, and Dick Williams, Defendant and Respondent.

Supreme Court of South Dakota.

August 18, 1960.

Attorney(s) appearing for the Case

Dudley R. Herman, Gregory, for plaintiff and appellant.

Martens, Goldsmith & May, Pierre, for defendant and respondent Dick Williams.

TAIT, Circuit Judge.

This action arose from facts and circumstances substantially as follows: On December 9, 1947, the plaintiff signed and delivered a quitclaim deed to the defendant, Dick Williams. The defendant did not produce the deed upon the trial, but it had been recorded by him in the office of the Register of Deeds of Stanley County on September 26, 1949. This deed, as recorded, purported to convey to the defendant

"the Fence And the E½ of section...

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