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NYSTROM v. STATE

No. 9852.

104 N.W.2d 711 (1960)

A. S. NYSTROM and R. Tom Niemann, Plaintiffs and Respondents, v. STATE of South Dakota; Pennington County, a governmental subdivision of the State of South Dakota; Glenn Hawley; Velda Hawley; Selma Evenson; Nina J. M. Evenson; and all persons unknown who have or claim to have any interest or estate in, or lien or encumbrance upon the premises described in the Plaintiffs' Complaint herein, Defendants and Appellants.

Supreme Court of South Dakota.

September 8, 1960.

Attorney(s) appearing for the Case

Parnell J. Donohue, Atty. Gen., John B. Wehde, Robert V. Haeder, Asst. Attys. Gen., for defendants and appellants.

Burnell Hendricksen, Bottum & Christol, Rapid City, for plaintiffs and respondents.

ROBERTS, Presiding Judge.

Defendants appeal from a judgment of the Circuit Court of Pennington County in favor of the plaintiffs in an action to quiet title to land formerly used for a railroad right of way.

James A. Jared was the owner of the E½ SW¼ of Section 5, Township 1 North, Range 6, East of the Black Hills Meridian, Pennington County, South Dakota, and the common source of title. On January 10, 1906, he for a recited consideration of $300...

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