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ANDREE v. ANDREE

No. 12883.

291 N.W.2d 788 (1980)

Harry ANDREE, Plaintiff and Appellant, v. Laura C. ANDREE, Adolph Roth, LaVerna Roth, Jerry J. Kost, Sharon A. Kost, and Clarence Mogck, Defendants and Appellees.

Supreme Court of South Dakota.

Decided April 30, 1980.

Attorney(s) appearing for the Case

John P. Blackburn of Blackburn Law Offices, Yankton, for plaintiff and appellant; Michael D. Stevens of Blackburn Law Offices, Yankton, on the brief.

Lloyd J. Mahan, Parkston, for defendants and appellees Laura C. Andree and Clarence Mogck.

Jay H. Tapken, Olivet, for defendants and appellees Adolph Roth, LaVerna Roth, Jerry J. Kost and Sharon A. Kost (argued the cause for all defendants and appellees).

WUEST, Circuit Judge.

Appellant brought this action against his sister, Laura C. Andree, and others wherein he claims that his mother signed a deed conveying 240 acres of real estate to his sister (his only sibling) at a time when his mother was legally incompetent. He claims one-half of the real estate, or the proceeds thereof, and joined the other defendants because his sister had sold the land to them. The deed is dated...

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