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MILLER v. THODE

No. 14737.

372 N.W.2d 459 (1985)

Mabel L. MILLER, Plaintiff, and Betty Miller, Plaintiff and Appellant, v. Vernon A. THODE and the Heirs, Devisees, Legatees, Executors, Administrators and Assigns of June I. Thode, a/k/a June Thode, deceased; United States of America, acting through the Farmers Home Administration, United States Department of Agriculture; County of Lake, a political subdivision of the State of South Dakota; the Director of the Department of Revenue, State of South Dakota; and All Persons Unknown Who Have or Claim to Have Any Estate or Interest in, or Lien or Encumbrance Upon the Premises Described in the Plaintiffs' Complaint, Defendants and Appellees.

Supreme Court of South Dakota.

Decided August 6, 1985.

Attorney(s) appearing for the Case

Thomas M. Issenhuth of Arneson, Issenhuth & Gienapp, Madison, for plaintiffs and appellants.

Frank E. Denholm of Denholm & Glover, Brookings, for defendants and appellees.

FOSHEIM, Chief Justice.

This action involves the interests of Betty Miller (Betty) and the heirs of Vernon Thode (Vernon) in three parcels of land. Betty appeals from an order adversely quieting the title to all three parcels in the heirs of Vernon. We affirm.

On February 18, 1952, Fred Miller executed his Last Will and Testament. He died May 16, 1958, and was survived by his wife Mabel and daughters, Betty Miller and June Thode (June). The estate was distributed...

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