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McGUIRE v. ABERLE

No. 26205.

826 N.W.2d 353 (2013)

2013 S.D. 5

Marceline McGUIRE, Charlotte Hartel, Virginia Storey, Patricia Simmers, Donna Bowker, Carolina Becker and Donald Becker, Plaintiffs and Appellees, v. Patrick ABERLE and Carletta Aberle, Defendants and Appellants.

Supreme Court of South Dakota.

Decided January 16, 2013.

Attorney(s) appearing for the Case

Patricia A. Meyers , Rapid City, South Dakota, Attorney for plaintiffs and appellees.

Steven C. Emery , Eagle Butte, South Dakota, and George J. Nelson of Abourezk Law Firm, PC, Rapid City, South Dakota, Attorneys for defendants and appellants.

ZINTER, Justice.

[¶ 1.] In 1967, Raymond and Margaret Becker's eight children each inherited an undivided one-eighth interest in patented fee land located within the exterior boundaries of the Cheyenne River Sioux Indian Reservation. None of the Beckers are Indians. In 2006, one of the Becker children sold her undivided one-eighth interest to Patrick and Carletta Aberle. Patrick is a member of the Cheyenne River Sioux Tribe. Carletta is a non-Indian. Patrick...

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