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McFARLAND v. McFARLAND

No. 17043.

470 N.W.2d 849 (1991)

David A. McFARLAND and Delores M. McFarland, Plaintiffs/Appellants, v. James W. McFARLAND, Dale L. Morman and Bruce J. Walker, as Executors of the Estate of Gladys E. McFarland, Deceased, Defendants/Appellees.

Supreme Court of South Dakota.

Decided May 29, 1991.

Attorney(s) appearing for the Case

Reed C. Richards, Deadwood, for plaintiffs/appellants.

Keith R. Smit, Sturgis, for defendants/appellees.

HENDERSON, Justice.

PROCEDURAL HISTORY/ISSUES

David A. McFarland and Delores M. McFarland made a claim against the Estate of Gladys McFarland, alleging breach of covenant of a warranty deed between George McFarland, Gladys' husband, as grantor and David McFarland as grantee. The deed was dated October 4, 1976.

The claim was denied by the Executors of the Estate. Thereafter, David and Delores McFarland brought suit in circuit

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