Smith v. Dolan

197 N.W.2d 416 (1972)

Edward L. SMITH, Plaintiff and Appellant,

v.

James DOLAN et al., Defendants and Respondents.

No. 10967-a.

Supreme Court of South Dakota.

Argued February 24, 1972.

Decided May 9, 1972.

McCann, Martin & Mickelson, Brookings, for plaintiff and appellant.

Alan F. Glover, Brookings, for defendants and respondents.

BIEGELMEIER, Judge.

Plaintiff's action to partition real estate under SDCL 21-45 gave rise to this controversy. William H. Smith was the owner of 160 acres of land in Brookings County on the date of his death in 1933. In conformity with the terms of his will the county court…