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FIRST NAT. BANK OF BLACK HILLS v. TREADWAY

No. 14056.

339 N.W.2d 119 (1983)

FIRST NATIONAL BANK of the BLACK HILLS, Plaintiff and Appellee, v. Edward A. TREADWAY and Maxine Treadway, Defendants and Appellants, and Pennington County, Defendant and Appellee, and The Internal Revenue Service, Defendant.

Supreme Court of South Dakota.

Decided October 19, 1983.

Attorney(s) appearing for the Case

J. Crisman Palmer of Gunderson & Palmer, Rapid City, for plaintiff and appellee; R. William Tschetter, Deputy State's Atty., Pennington County, Rapid City, on brief.

Edward A. Treadway and Maxine Treadway, pro se.

DUNN, Justice.

This is an appeal from an order granting summary judgment in a mortgage foreclosure action. We affirm.

On December 19, 1977, the First National Bank of the Black Hills (Bank) loaned $33,000 to Edward A. Treadway and Maxine Margaret Treadway (appellants). In conjunction with the loan, appellants executed a promissory note calling for 60 consecutive monthly payments and a 180-day redemption mortgage, whereby appellants mortgaged to Bank real property...

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