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PERPETUAL NATIONAL LIFE INSURANCE CO. v. BROWN

Nos. 10637, 10751.

182 N.W.2d 216 (1971)

PERPETUAL NATIONAL LIFE INSURANCE CO., a Corporation, Plaintiff and Respondent, v. Byron T. BROWN and Joseph H. Bottum III, Defendants and Appellants.

Supreme Court of South Dakota.

Rehearing Denied January 22, 1971.

Attorney(s) appearing for the Case

Bangs, McCullen, Butler, Foye & Simmons, Geo. A. Bangs, Rapid City, for defendant and appellant Brown.

Roswell Bottum, Rapid City, for defendant and appellant Bottum.

Whiting, Lynn, Jackson, Freiberg & Shultz, Gene N. Lebrun and Horace R. Jackson, Rapid City, for plaintiff and respondent.

HANSON, Judge.

This is an action by Perpetual National Life Insurance Company to recover on a promissory note secured by a mortgage upon real property. Defendants, Byron T. Brown and Joseph H. Bottum III, answered and alleged the note had been completely extinguished, satisfied and paid by virtue of the prior foreclosure by action of the real estate mortgage securing the same. Following trial judgment was entered on June 28, 1968 in favor of plaintiff and against...

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