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HYDE v. LIEBELT

No. 15125.

391 N.W.2d 186 (1986)

C.W. HYDE, Trustee of the Pauline Klabo Trust, Plaintiff and Appellee, v. Jonathan W.A. LIEBELT and Charlotte A. Liebelt, Defendants and Appellants.

Supreme Court of South Dakota.

Decided July 9, 1986.

Rehearing Granted August 29, 1986.

Attorney(s) appearing for the Case

Kent Hyde, of Hyde Law Office, Aberdeen, for plaintiff and appellee.

Carlyle E. Richards, P.C., Aberdeen, for defendants and appellants.

WUEST, Justice.

This is an appeal from a grant of summary judgment in a declaratory judgment action regarding the nature of a restrictive covenant contained within a contract for deed. We reverse.

Appellee C.W. Hyde (Hyde) brought this declaratory judgment action as trustee of the estate of Pauline Klabo (Klabo). On May 15, 1975, Klabo purchased certain real property in Brown County, South Dakota, from appellants Jonathan and Charlotte Liebelt (Liebelts),...

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