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STATE v. GREGER

No. 19087.

559 N.W.2d 854 (1997)

1997 SD 14

STATE of South Dakota, Plaintiff and Appellee, v. Fred GREGER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 19, 1997.

Attorney(s) appearing for the Case

Mark W. Barnett, Atty. Gen., John P. Guhin, Roxanne Giedd, Sherri Sundem Wald, Asst. Attys. Gen., Pierre, for plaintiff and appellee.

Thomas J. Deadrick, Platte, for defendant and appellant.

Timothy R. Whalen, Charles Mix County State's Atty., Lake Andes, Tom D. Tobin of Tobin Law Offices, Winner, for amicus curie Charles Mix County.

KONENKAMP, Justice.

Preface

[¶ 1] In an Agreement with the United States dated December 31, 1892, the Yankton Sioux Tribe "ceded, sold, relinquished and conveyed" all its unallotted reservation land for a "sum certain" of $600,000. Under firmly established doctrine, these words of absolute conveyance create a "nearly insurmountable presumption" that the reservation was diminished. Nevertheless, will...

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