South Dakota Supreme Court, 1960

Hill v. Lampert Lumber Co.

Hill v. Lampert Lumber Co.
South Dakota Supreme Court · Decided March 2, 1960
78 S.D. 293; 101 N.W.2d 396; 1960 S.D. LEXIS 12

Hill v. Lampert Lumber Co.

Opinion of the Court

PER CURIAM.

For our purposes this suit is similar to Holzworth v. Roth, 78 S.D. 287, 101 N.W.2d 393. While it involves a different lot, a different series of deeds with a different ultimate grantee and an action to foreclose different mechanics liens, it presents in the same circumstances the legal issue of whether a suit in equity will lie. This matter is governed by the opinion in Holzworth v. Roth, supra. Accordingly, the judgment of the trial court is reversed.

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