AETNA LIFE INS. CO. v. McELVAIN

No. 14484.

363 N.W.2d 186 (1985)

AETNA LIFE INSURANCE COMPANY, a corporation, Plaintiff and Appellee, v. R.J. McELVAIN, Jr. and Wilma M. McElvain, a/k/a Wilma McElvain, husband and wife, and Roland L. McElvain and Janie McElvain, husband and wife, Defendants, and Ronald D. Shepherd and Ramona Shepherd, husband and wife, and Ralph L. Shepherd and Virginia V. Shepherd, husband and wife, Defendants and Appellants.

Supreme Court of South Dakota.

Decided February 13, 1985.


Attorney(s) appearing for the Case

Richard A. Pluimer of Carr, Zastrow & Pluimer, Belle Fourche, for plaintiff and appellee.

Thomas E. Graslie, Buffalo, for defendants.

Ira D. Eakin of Huntley & Eakin, P.C., Baker, Montana, for defendants and appellants; William E. Anderson, Belle Fourche, on brief.


HENDERSON, Justice.

ACTION

This is a mortgage foreclosure action. By final judgment dated December 5, 1983, the trial court reaffirmed its previous grant of a motion for summary judgment by appellee Aetna Life Insurance Company (Aetna), from whence this appeal is taken. We affirm.

FACTS

Shepherds (appellants) were at one time the owners of the Box Elder Ranch, a large ranch which spreads into Montana, North Dakota, and South Dakota. In...

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