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FIRST NORTHWESTERN TRUST CO. v. FAMILY HOMES

No. 13100.

303 N.W.2d 352 (1981)

FIRST NORTHWESTERN TRUST CO. OF SOUTH DAKOTA (formerly Trust Department of the First National Bank of Aberdeen, a Corporation), Plaintiff and Third Party Defendant, v. FAMILY HOMES, INC., a Corporation, Defendant and Third Party Plaintiff and Appellant, v. The CITY OF ABERDEEN, a Municipal Corporation, Defendant and Third Party Defendant and Appellee, and All Persons Unknown To Have Or Claim To Have An Interest Or Estate In Or Lien Or Encumbrance Upon The Premises Described In The Complaint, Third Party Defendants, and Orvin A. Bader, Third Party Plaintiff and Appellant.

Supreme Court of South Dakota.

Decided March 4, 1981.

Attorney(s) appearing for the Case

Michael T. Hogan of Maloney, Kolker, Fritz, Hogan & Johnson, Ipswich, for defendant, third party plaintiffs and appellants.

Roy A. Wise of Richardson, Groseclose, Kornmann & Wyly, Aberdeen, for defendant, third party defendant and appellee.

DUNN, Justice.

This is an appeal from a judgment entered after a trial to the court, which found that appellant (Family Homes) had dedicated certain property (herein referred to as "First Avenue S.E.") by a declaration in the Owner's Certificate of a replatting of this property in 1963. The trial court also found that appellee, City of Aberdeen (City), had complied with the provisions of a trust agreement entered into between Family Homes, City and appellee, First...

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