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ELI v. ELI

No. 19463.

557 N.W.2d 405 (1997)

1997 SD 1

Chester J. ELI and James M. Eli, Plaintiffs and Appellees, v. Jody L. ELI, Defendant and Appellant, and Hauge Associates; A.Y. McDonald Supply Co.; Credit Collection Service, Inc.; McFarland Supply Co.; Fensel'S Supply Co.; Viborg Coop Oil Co.; and Yankton N.O. Nelson Co., Defendants.

Supreme Court of South Dakota.

Decided January 8, 1997.

Attorney(s) appearing for the Case

William J. Klimisch, Goetz, Hirsch and Klimisch, Yankton, for plaintiffs and appellees.

Alice L. Rokahr, Doyle and Kennedy, Yankton, for defendant and appellant.

GILBERTSON, Justice

[¶ 1] Jody Eli appeals the trial court's judgment ordering the sale at public auction of property in which she owned an undivided one-third interest. We reverse and remand for further proceedings consistent with this opinion.

FACTS AND PROCEDURE

[¶ 2] The property at issue in this case consists of 112.5 acres in Turner County, South Dakota. This property was formerly owned by Myrtle J. Eli and has been owned by members...

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