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TARPINIAN v. WHEATON

No. 9933.

113 N.W.2d 472 (1962)

Mike TARPINIAN, Jacquelyn Tarpinian and Palmer Evenson, Executor of the Estates of Halvor Evenson, Deceased, and Julia Evenson, Deceased, Plaintiffs and Respondents, v. Violet WHEATON, Defendant and Appellant.

Supreme Court of South Dakota.

Rehearing Denied March 29, 1962.

Attorney(s) appearing for the Case

Potter & Crabb, by John G. Potter, Rapid City, Francis J. Parker, Deadwood, for defendant and appellant.

Whiting, Lynn, Freiberg & Shultz, Rapid City, for plaintiffs and respondents.

SMITH, Judge.

A contract for deed, executed by Hal D. Wheaton and Violet Wheaton, husband and wife, as vendors, obligated the purchasers named therein to pay the purchase price of the property, title to which was vested in the husband, to the husband and wife. Thereafter the husband was adjudged bankrupt, and the plaintiffs above named purchased whatever interest remained in the husband at a sale in bankruptcy. Thereupon the plaintiffs instituted this action to determine...

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