AMERICAN FED. SAV. v. MID-AMERICA SERVICE

No. 13806.

329 N.W.2d 124 (1983)

AMERICAN FEDERAL SAVINGS AND LOAN ASSOCIATION OF MADISON and First Federal Savings and Loan Association of Beresford, Plaintiffs and Appellants, v. MID-AMERICA SERVICE CORPORATION, Berkshire Investment Company, and United Federal Savings and Loan Association of Aberdeen, Defendants and Appellees.

Supreme Court of South Dakota.

Decided January 19, 1983.


Attorney(s) appearing for the Case

David R. Gienapp of Arneson, Issenhuth & Gienapp, Madison, for plaintiffs and appellants.

Ray Schutz of Siegel, Barnett & Schutz, Aberdeen, for defendants-appellees, Mid-America Service Corp. & United Federal Sav. & Loan of Aberdeen.

Dennis Maloney, Aberdeen, for defendant-appellee, Berkshire Inv. Co.


FOSHEIM, Chief Justice.

This action was before the trial court on stipulated facts and one stipulated issue. Stipulation No. 17 reads:

That the sole issue for determination by the Court is the rights of the respective parties relating to the pre-payment interest penalty portion of the South Dakota Real Estate Notes under a factual situation when the Mortgage has been called due and payable under the due on sale clause and the claim of Plaintiffs to attorney...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases