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IVERSON v. IVERSON

No. 11120.

213 N.W.2d 708 (1973)

Nellie IVERSON, Plaintiff and Respondent, v. John Wayne IVERSON, Executor of the Estate of John Iverson, a/k/a John N. Iverson, Defendant and Appellant, and Jones County State Bank, Murdo, Defendant and Respondent.

Supreme Court of South Dakota.

Rehearing Denied January 16, 1974.

Attorney(s) appearing for the Case

Charles Poches, Jr., Fort Pierre, for appellant.

C. D. Kell, Murdo, for plaintiff-respondent.

Dallas E. Brost, Presho, for Jones County Bank, defendant-respondent.

WOLLMAN, Justice.

This action for the partition of 1280 acres of land located in Jones County, South Dakota, was commenced by Edwin Iverson (Edwin) against John Iverson, also known as John N. Iverson (John), by the filing of a summons and complaint and the recording of a lis pendens pursuant to SDCL 21-45. Service was made upon John on May 5, 1969; he died on May 9, 1970, and thereafter the executor of his estate was substituted as a party defendant.

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