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FARMERS AND MERCHANTS BANK, ETC. v. KSENYCH

No. 11751.

252 N.W.2d 220 (1977)

FARMERS AND MERCHANTS BANK AND TRUST OF WATERTOWN, Plaintiff and Appellant, v. Nick KSENYCH, Defendant and Respondent.

Supreme Court of South Dakota.

Reassigned January 6, 1977.

Decided April 1, 1977.

Attorney(s) appearing for the Case

Austin, Hinderaker & Hackett, Watertown, for plaintiff and appellant.

Osheim & Fox, Watertown, for defendant and respondent.

MORGAN, Justice (on reassignment).

Plaintiff-appellant, Farmers and Merchants Bank and Trust of Watertown, South Dakota (Bank), filed an action on October 24, 1974 against defendant-respondent, Nick Ksenych (Ksenych), seeking to recover a new 1974 Dodge pickup or its value. Ksenych counterclaimed for title to the vehicle. The case was submitted to the court on a Stipulation of Fact, the court's memorandum decision was delivered...

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