In re Estate of French
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The Supreme Court reversed the order of the circuit court applying the doctrine of equitable tolling, thus allowing Noreen French to bring an action against the Estate of Norman D. French to enforce a contract for deed relating to the sale of two quarter sections of farmland, holding that the circuit court erred in applying the doctrine of equitable tolling.
Norman French, who farmed two quarters of land in Beadle County, entered into a contract for deed with Alan and Noreen French, his son and daughter-in-law, to sell them the land for $10,000. Noreen continued to farm the two quarters after both Norman and Alan passed away. When Noreen learned that Norman had never conveyed the two quarters, the Estate commenced an action to discharge the contract for deed. The circuit court denied the Estate's petition. Noreen then filed this action alleging that she satisfied her obligations under the contract for deed and requesting that the court order the Estate to deliver a deed conveying legal title to the two quarters of farmland. The Supreme Court reversed, holding that the court's decision to apply the doctrine of equitable tolling was not sustainable.
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