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NEUGEBAUER v. NEUGEBAUER

Nos. 25864, 25869.

804 N.W.2d 450 (2011)

2011 S.D. 64

Pearl NEUGEBAUER, Plaintiff and Appellee, v. Lincoln J. NEUGEBAUER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided September 28, 2011.

Attorney(s) appearing for the Case

Tim R. Shattuc , Woods, Fuller, Shultz & Smith, PC, Sioux Falls, South Dakota, Attorneys for plaintiff. and appellee.

Michael F. Tobin , Boyce, Greenfield, Pashby, & Welk, LLP, Thomas J. Nicholson of Nicholson & Nicholson, Sioux Falls, South Dakota, Attorneys for defendant and appellant.

ZINTER, Justice.

[¶ 1.] For almost twenty years, Lincoln Neugebauer rented his mother Pearl Neugebauer's farm under an oral lease. In 2008, Lincoln purchased the farm by contract for deed. Pearl later brought this action to rescind the contract on the ground of undue influence. The circuit court found that Lincoln had exerted undue influence and the court rescinded the contract. We affirm.

Facts and Procedural History

[¶ 2.] Harold...

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