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FIRST BANK OF SOUTH DAKOTA v. VonEYE

No. 15636.

425 N.W.2d 630 (1988)

FIRST BANK OF SOUTH DAKOTA (NATIONAL ASSOCIATION), MILLER, SOUTH DAKOTA, a Banking Corporation, Plaintiff and Appellee, v. Barney VonEYE and Evelyn Mae VonEye, Husband and Wife, Defendants and Appellants. and United States of America, acting through the Small Business Administration, Appellee.

Supreme Court of South Dakota.

Decided June 1, 1988.

Attorney(s) appearing for the Case

Bradley G. Zell of Heidepriem, Widmayer & Zell, Miller, for plaintiff and appellee.

Michael J. McGill and Todd C. Miller, Beresford, for defendants and appellants.

Mikal G. Hansen, Asst. U.S. Atty., Pierre, for appellee.

MORGAN, Justice.

First Bank of South Dakota N.A., Miller Branch (Bank), sued Barney VonEye and Evelyn May VonEye (VonEyes) on a promissory note, secured by a security agreement, and filed an ancillary action for claim and delivery to seize farm collateral subject to the security agreement. VonEyes appeal from the final judgment in favor of Bank. We affirm in part, reverse and remand in part.

VonEyes are farmer/ranchers who had transacted business with Bank...

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