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WEITZEL v. FELKER

No. 9534.

76 N.W.2d 225 (1956)

Conrad WEITZEL, Eva Hammerschmidt, Esther Kennedy, David Weitzel, Ralph Weitzel, Mary Lee, Elizabeth Radenberg, and John Weitzel, Plaintiffs and Respondents, v. Margaret FELKER, Alice Schnegelberger, also known as Alice Schnelelberger, and Alfred Hauck, Defendants and Appellants.

Supreme Court of South Dakota.

April 10, 1956.

Attorney(s) appearing for the Case

I. F. Bormann, Mobridge, W. M. Potts, Mobridge, for defendants-appellants.

R. W. Tschetter, McLaughlin, Frederick Homeyer, Selby, for plaintiffs-respondents.

RUDOLPH, Judge.

Plaintiffs brought this action against the defendants seeking to impress a constructive trust upon certain real property, the record title to which is in the name of the defendants. The plaintiffs also asked that title to the property be determined to be in plaintiffs and defendants and it being impossible to equitably partition said real estate in kind among the owners that the property be sold and the net...

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