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  5. 140 N.W.2d 394 (1966)
 

MURPHY v. CONNOLLY

Nos. 10208, 10209.

140 N.W.2d 394 (1966)

John F. MURPHY, Trustee of Ringsrud Mercantile Company, a Corporation in Liquidation, Plaintiff, Respondent and Cross-Appellant, v. Michael J. CONNOLLY, Ellen B. Connolly, Alice J. Connolly, and all persons unknown who have or claim to have any right, title, or interest in or to the premises described in plaintiff's complaint, if any, Defendants and Appellants.

Supreme Court of South Dakota.

Rehearing Denied May 4, 1966.

Attorney(s) appearing for the Case

Everett A. Bogue, of Bogue & Weeks, Vermillion, for plaintiff, respondent and cross-appellant.

Christensen & Christensen, Elk Point, for defendants and appellants.

LUND, Circuit Judge.

This is an action to quiet title to an undivided one-eighth interest in eighty acres of land in Union County and for partition. Findings of fact and judgment were entered quieting title in the plaintiff and dismissing plaintiff's demand for partition, without prejudice. Defendants appeal from the judgment quieting title, and plaintiff cross-appeals from that portion of the judgment denying partition.

The material facts in the case are...

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