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DENKE v. MAMOLA

Nos. 16108, 16127.

437 N.W.2d 205 (1989)

Erhart E. DENKE, Plaintiff-Appellant, v. Leonard MAMOLA, Defendant-Appellee.

Supreme Court of South Dakota.

Decided March 8, 1989.

Attorney(s) appearing for the Case

Verne Thorstenson of Thorstenson Law Firm, Rapid City, for plaintiff and appellant.

Frank A. Bettmann of Bettmann & Feehan, P.C., Rapid City, for defendant and appellee.

WUEST, Chief Justice.

Erhart E. Denke (Denke) appeals a directed verdict granted in favor of Leonard Mamola (Mamola). We affirm in part and reverse in part.

Denke owned a farm in eastern Pennington County, South Dakota. This farm was encumbered by a mortgage held by First Federal Savings and Loan of Rapid City, South Dakota (First Federal). The mortgage was recorded by the Pennington County Register of Deeds. In 1975, Denke sold his farm on contract for deed...

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