BANK OF TORONTO v. LENGKEEK

Nos. 15786, 15802, 15932 and 16105.

436 N.W.2d 271 (1989)

BANK OF TORONTO, a Corporation, Plaintiff and Appellee, v. Leon L. LENGKEEK, Janelle R. Lengkeek, David Dirksen, Cheri Dirksen and Doris C. Zwach, Defendants and Appellants. Leon L. LENGKEEK and Janelle R. Lengkeek, Plaintiffs and Appellants, v. Doris C. ZWACH, Defendant and Appellee. The BROOKINGS BANK, A Corporation, Plaintiff and Appellant, v. Leon L. LENGKEEK and Janelle R. Lengkeek, Defendants and Appellees.

Supreme Court of South Dakota.

Decided February 15, 1989.


Attorney(s) appearing for the Case

T.F. Martin of MC Cann, Martin & MC Cann, Brookings, for Lengkeeks.

Richard J. Helsper of Erickson & Helsper, Brookings, for Bank of Toronto, Doris C. Zwach, and The Brookings Bank.


MILLER, Justice.

We have before us three cases which have been consolidated on appeal. The complexities of the facts and legal issues presented do not lend themselves to a concise and meaningful introductory paragraph. However, an understanding of the factual background in these cases is necessary in order to appreciate and properly analyze this "can of worms" which we must confront.

FACTS

One of the cases...

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