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STRAIT v. GILMORE

No. 9382.

63 N.W.2d 261 (1954)

STRAIT v. GILMORE et al.

Supreme Court of South Dakota.

March 16, 1954.

Attorney(s) appearing for the Case

Arthur H. Hasche, Watertown, for plaintiff-respondent.

Hanten, Henrikson and W. A. Hackett, Watertown, for defendant-appellant.

Loucks, Oviatt & Bradshaw, Watertown, for George Haberman, defendant-respondent.

SICKEL, Judge.

This is an action brought by L. N. Strait, plaintiff, against Emma A. Gilmore, as Guardian of Gertrude S. Johnson Ufford, incompetent, to recover the amount of a real estate mortgage which was a lien upon real property sold by Mrs. Gertrude S. Johnson Ufford to plaintiff free and clear of incumbrances. The guardian answered denying liability and George Haberman, also a defendant, served a counterclaim demanding the foreclosure of his mortgage. The circuit...

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