PETERSEN v. PETERSEN

No. 11736.

245 N.W.2d 285 (1976)

Hans PETERSEN, Plaintiff and Appellant, v. Chris PETERSEN et al., Defendants and Respondents.

Supreme Court of South Dakota.

September 3, 1976.


Attorney(s) appearing for the Case

Gary E. Davis, Johnson, Johnson & Eklund, Gregory, for plaintiff and appellant.

J. W. Grieves, Winner, for defendants and respondents.


WOLLMAN, Justice.

This is an appeal from an order denying appellant's motion to set aside a judgment quieting title to and ordering the partition sale of some 505 acres of land in Mellette County South Dakota. We affirm.

In June of 1945 appellant commenced an action for the partition and sale of the land in question. On November 24, 1945, the circuit court entered a judgment decreeing appellant to be the owner of a 15/18ths interest in the land; two of appellant...

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