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BRAATEN v. BRAATEN

No. 12584.

278 N.W.2d 448 (1979)

Nels BRAATEN, Plaintiff and Appellant, v. Bernice M. BRAATEN, Defendant and Respondent.

Supreme Court of South Dakota.

Decided May 3, 1979.

Attorney(s) appearing for the Case

Sam W. Masten and Jeff Masten, Canton, for plaintiff and appellant.

Carleton R. Hoy and Michael L. Luce of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and respondent.

DUNN, Justice.

This case involves an appeal from the judgment of the circuit court dismissing the complaint of Nels Braaten (plaintiff) seeking a partition and sale of the marital residence which was owned jointly by the parties and which was in the sole possession of Bernice Braaten (defendant) pursuant to a court order embodied in the divorce judgment. We affirm.

The residence which is the subject of the appeal is located in Canton, South Dakota. It was...

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