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FIRST STATE BANK v. ZOSS

No. 13234.

312 N.W.2d 127 (1981)

FIRST STATE BANK, Armour, South Dakota, Plaintiff and Appellee, v. Bennis ZOSS and Donna Zoss, Defendants and Appellants.

Supreme Court of South Dakota.

Decided November 10, 1981.

Rehearing Denied December 17, 1981.

Attorney(s) appearing for the Case

Douglas J. Luebke of Horstman, Braley & Luebke, Armour, for plaintiff and appellee.

Robert L. Jones, Sioux Falls, for defendants and appellants.

PER CURIAM.

This is an appeal from a judgment in an action to foreclose a mortgage. We affirm.

On April 9, 1977, the Zosses (appellants), as mortgagors, executed a note at 9½% interest and a mortgage to First State Bank, Armour, South Dakota (appellee). On December 26, 1978, appellants filed petitions in bankruptcy. Discharges of bankrupts were entered on February 26, 1979. Appellee commenced this action to foreclose its mortgage in June of 1979. The...

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