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FIRST NAT. BANK OF VOLGA v. KLEINJAN

No. 15716.

418 N.W.2d 326 (1988)

FIRST NATIONAL BANK OF VOLGA, Plaintiff and Appellee, v. Wilbur D. KLEINJAN, Adriana Kleinjan, Defendants and Appellants, and Willis Kleinjan, Joslyn Kleinjan, Gary Kleinjan, United States of America acting through the United States Dept. of Agriculture Farmers Home Administration, and Brookings County, Defendants.

Supreme Court of South Dakota.

Decided January 20, 1988.

Attorney(s) appearing for the Case

Michael B. Crew of Crew & Crew, Sioux Falls, for plaintiff and appellee.

Thomas K. Wilka of Hagen & Wilka, P.C., Sioux Falls, for defendants and appellants.

SABERS, Justice.

Bank filed a mortgage foreclosure complaint against Wilbur and Adriana Kleinjan, other members of the Kleinjan family, the FmHA, and the county. See companion case 418 N.W.2d 327. Wilbur and Adriana filed an answer and counterclaim which exceeded fifty pages and admitted the execution of the notes and mortgages but asserted claims denominated as affirmative defenses of fraud, failure of consideration, and...

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