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KRUGER v. KRUGER

No. 11575.

240 N.W.2d 93 (1976)

Arnold KRUGER and Viola Milbrandt, Plaintiffs and Respondents, v. Albert A. KRUGER, Defendant and Appellant.

Supreme Court of South Dakota.

March 25, 1976.

Attorney(s) appearing for the Case

Duane Thurow, Aberdeen, for plaintiffs and respondents.

Rory King, Aberdeen, for defendant and appellant.

DOYLE, Justice.

This action is for the partition or sale of real property under the provisions of SDCL 21-45. The parties hereto are the children and heirs of Henry A. Kruger, who died intestate, leaving personal property and a 640-acre farm, which farm is the subject of this controversy. The decedent's estate was probated and the real property in question distributed in equal shares to the parties by final decree. Plaintiffs, in their complaint and petition, contend...

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