HINES v. HINES

No. 26654.

851 N.W.2d 184 (2014)

2014 S.D. 32

Brian HINES and Bradley Hines, Plaintiffs and Appellants, v. Rodney HINES, Susan Hines Ziegler, Max Hines, Estate of Tex Hines and Brenda Tjeerdsma, Defendants and Appellees.

Supreme Court of South Dakota.

Decided June 11, 2014.


Attorney(s) appearing for the Case

George H. Danforth , Michele K. Bennett , Huron, South Dakota, Attorneys for plaintiffs and appellants.

Daniel K. Brendtro , William D. Sims of Zimmer, Duncan & Cole, LLP, Sioux Falls, South Dakota, Attorneys for defendants and appellees.


KONENKAMP, Justice.

[¶ 1.] In this action to reform a warranty deed, the circuit court ruled that the plaintiff did not present clear and convincing evidence that the deed failed to express the intent of the deceased grantors.

Background

[¶ 2.] Joseph and C. Elaine Lingscheit had numerous landholdings in Hyde and Hand counties in South Dakota. Over the years, the Lingscheits either gifted or...

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