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BLACK v. UNKNOWN CREDITORS, EXECUTORS, ETC.

No. 10459.

155 N.W.2d 784 (1968)

Margaret M. BLACK, Plaintiff and Appellant, Gerald Lee Lindstrom and Janet Rae Corcoran, Plaintiffs and Respondents, v. The UNKNOWN CREDITORS, EXECUTORS, or ADMINISTRATORS, or HEIRS AT LAW, DEVISEES OR LEGATEES, OF Joel LINDSTROM, Deceased, and All Persons Unknown who may have or claim to have any Estate or interest in, or lien or encumbrance upon the Real Property herein described, Defendants.

Supreme Court of South Dakota.

Rehearing Denied March 18, 1968.

Attorney(s) appearing for the Case

Bogue & Weeks, Vermillion, for appellant.

Brady, Kabeiseman & Light, Yankton, Dewie J. Gaul, Sioux City, Iowa, for respondents.

MUNDT, Circuit Judge.

This is an action to quiet title to eighty acres of land in Clay County, South Dakota. The action was commenced by the plaintiffs against the unknown creditors, executors, or administrators, or heirs at law, devisees or legatees of Joel Lindstrom, deceased. After the commencement of the action, it developed that there was a controversy as to the proportion each plaintiff was to receive. The trial court decreed each plaintiff was entitled to an...

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