ST. PAUL FIRE & MARINE INS. v. KAARUP

No. 15830.

420 N.W.2d 364 (1988)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Plaintiff and Appellant, v. Carol A. KAARUP and Darrell R. Kaarup, et al., Defendants and Appellees.

Supreme Court of South Dakota.

Decided March 9, 1988.


Attorney(s) appearing for the Case

Edwin E. Evans and Timothy M. Gebhart of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for plaintiff and appellant.

Michael J. McGill, Beresford, for defendants and appellees.


MILLER, Justice.

This is an appeal from a circuit court judgment declaring a mortgage null and void. The central issue deals with the jurisdiction of the United States Bankruptcy Court to adjudicate defenses to a mortgage foreclosure action. We affirm.

PARTIES

Appellant St. Paul Fire & Marine Insurance Company (St. Paul) is the assignee of a mortgage given to the First Federal Savings & Loan Association of Canton, South Dakota (First Federal...

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