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O'CONNELL v. HAMM

No. 12185.

267 N.W.2d 839 (1978)

Kay C. O'CONNELL, Marilyn M. Walker and Sheri L. O'Rourke, Plaintiffs and Appellants, v. Loy L. HAMM, Janice J. O'Rourke, Roberta A. Heathershaw, and Lyle O'Rourke and Ronald Heathershaw, Co-Executors of the Estate of Donald D. Lytle, Deceased, Defendants and Respondents.

Supreme Court of South Dakota.

Decided July 13, 1978.

Attorney(s) appearing for the Case

Thomas G. Fritz and Horace R. Jackson of Lynn, Jackson, Shultz, Ireland & Lebrun, P. C., Rapid City, for plaintiffs and appellants.

Joseph M. Butler and Allen G. Nelson of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendants and respondents.

PORTER, Justice.

CASE SUMMARY

Plaintiffs in this case brought suit against defendants, claiming an implied or constructive trust in favor of plaintiffs, the corpus of which would be certain Indian trust lands, or, in the alternative, that such trust lands be included in the estate of Donald D. Lytle. On February 28, 1977, the circuit court granted defendant's motion to dismiss the cause of action for lack of subject matter jurisdiction. It is from that order...

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