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BROWN v. WARNER

No. 9841.

107 N.W.2d 1 (1961)

Lona M. BROWN, Plaintiff and Appellant, v. Vernice M. WARNER, Merlon A. Warner, Zada Warner Gage, Deceased; Dale Gage and Margie J. McVay, heirs at law of Zada Warner Gage, deceased, Defendants and Respondents, and State of South Dakota; Pennington County, a political subdivision of the State of South Dakota, and Gaylord H. Chizum, Third Parties Defendant.

Supreme Court of South Dakota.

January 14, 1961.

Attorney(s) appearing for the Case

Gunderson, Farrar, Carrell & Aldrich, Rapid City, for plaintiff and appellant.

Sieler & Brady, Rapid City, for defendant and respondent, Merlon A. Warner.

Whiting, Lynn, Freiberg & Shultz, Rapid City, for defendant and respondent, Margie McVay.

Helm, Morman & Coacher, Sturgis, for defendant and respondent, Dale Gage.

RENTTO, Judge.

This is an action to determine adverse claims to real estate in Pennington County, South Dakota. While plaintiff had succeeded to the legal title to the areas involved in this appeal, previously acquired by her husband by purchase from the county, the trial court determined that she held the same in trust for the defendants. Her appeal is limited to this feature of the judgment. Consequently, we are not here concerned with any claims that the third...

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