AINSWORTH v. ERCK

No. 15065.

388 N.W.2d 886 (1986)

Lyle AINSWORTH, Plaintiff and Appellee, v. Leo T. ERCK and Judy K. Erck, Defendants and Appellants, and Lincoln L. Ainsworth and Elaine A. Ainsworth, Defendants and Appellees.

Supreme Court of South Dakota.

Decided June 4, 1986.


Attorney(s) appearing for the Case

Harlan A. Schmidt, Spearfish, for plaintiff and appellee.

Edward C. Carpenter, Rapid City, for defendants and appellants and defendants and appellees.


WUEST, Justice.

This is an appeal from a decree quieting title to a lot and building in Spearfish, South Dakota. We affirm.

In 1978, appellee Lyle Ainsworth (father) sold appellee Lincoln Ainsworth (son) a lot and building in Spearfish, South Dakota, under an oral contract. No down payment was made and son was to make payments whenever he could. Father reported the sale on his 1978 income tax return at $47,000, but continued to pay all real estate taxes, maintenance...

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