CUDMORE v. CUDMORE

Nos. 13329, 13330.

311 N.W.2d 47 (1981)

W. E. CUDMORE, Plaintiff and Appellant, v. Dan CUDMORE and Leone Cudmore Newell, Defendants and Appellees.

Supreme Court of South Dakota.

Decided October 14, 1981.


Attorney(s) appearing for the Case

Charles Rick Johnson of Johnson, Johnson & Eklund, Gregory, for plaintiff and appellant.

Clyde E. Saukerson of Tinan, Padrnos, Smith & Saukerson, Mitchell, for defendants and appellees.


FOSHEIM, Justice.

The plaintiff/appellant, W. E. (Ed) Cudmore, instituted this declaratory judgment action for a determination of the respective interests of the parties in certain land purchase contracts. He claimed an eighty percent interest therein. The defendants sought to dismiss the plaintiff's complaint. They also requested a declaratory judgment upholding defendant Leone Cudmore Newell's claim to a one-half interest in the land contracts and her assignment...

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