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ESTATE OF FISHER v. FISHER

No. 21958.

645 N.W.2d 841 (2002)

2002 SD 62

ESTATE OF Florence FISHER, Deceased, Plaintiff, v. Dean FISHER and Norma Fisher Husband and Wife, Defendants. Donald Fisher, Plaintiff and Appellant, v. Estate of Florence Fisher, Deceased, Defendant and Appellee. Donald O. Fisher, Plaintiff and Appellant, v. Dean Fisher, Defendant and Appellee, v. Joanita Kant-Montieth, Third-Party Defendant.

Supreme Court of South Dakota.

Decided May 22, 2002.

Attorney(s) appearing for the Case

James M. Cremer of Bantz, Gosch & Cremer, L.L.C., Aberdeen, South Dakota, for appellant Donald O. Fisher.

Lonald L. Gellhaus, Jay R. Gellhaus of Gellhaus, Gerdes & Gellhaus, P.C., Aberdeen, South Dakota, for appellee Dean Fisher.

GORS, Acting Justice.

[¶ 1.] Donald Fisher (Donald) sued his brother Dean Fisher (Dean) alleging that Donald had a first-chance-to-buy land sold to Dean by John (Father) and Florence (Mother) Fisher (Parents) on a contract for deed. The trial court held that Dean fulfilled the contract and that he was entitled to the land free and clear of any claims by Donald. We affirm.

FACTS AND PROCEDURE

[¶...

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