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NORTHWESTERN NAT. BANK OF SIOUX FALLS v. BRANDON

No. 11385.

221 N.W.2d 12 (1974)

NORTHWESTERN NATIONAL BANK OF SIOUX FALLS and Juliann Kittelson, Plaintiffs and Appellants, v. R. M. BRANDON and Ruth Brandon (husband and wife), Defendants and Respondents.

Supreme Court of South Dakota.

Decided August 30, 1974.

Attorney(s) appearing for the Case

M. T. Woods of Woods, Fuller, Shultz & Smith, Sioux Falls, for plaintiffs and appellants.

Gene E. Pruitt of Willy, Pruitt, Matthews & Jorgensen, Sioux Falls, for defendants and respondents.

BIEGELMEIER, Chief Justice.

Plaintiffs' complaint claims that by mutual mistake of the parties involved herein the legal descriptions of two four-plex apartments were inadvertently and mistakenly set forth in two earnest money agreements (hereafter referred to as the contracts) and two deeds of conveyance, and as a result defendants received title to excess property. Plaintiffs asked that the agreements and deeds be reformed, that the defendants reconvey the claimed...

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