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AETNA LIFE INS. CO. v. SATTERLEE

No. 17168.

475 N.W.2d 569 (1991)

AETNA LIFE INSURANCE COMPANY, Plaintiff and Appellee, v. Richard SATTERLEE a/k/a Richard S. Satterlee; Gladys a/k/a Gladys L. Satterlee; Leo E. Kirby; Elizabeth (Libby) Kirby; First National Bank of Gordon (Gordon, Nebraska); Donald D. Huber; Elsie Huber; William Huber; Herbert F. Huber; Delores Huber; Alvin D. Huber; Leon Huber; and Stockman's National Bank (Rushville, Nebraska), Defendants, and Leo E. Kirby and Elizabeth (Libby) Kirby, Defendants and Appellants.

Supreme Court of South Dakota.

Decided September 18, 1991.

Attorney(s) appearing for the Case

J.M. Grossenburg Winner, for plaintiff and appellee.

Jean M. Massa Winner, Thomas J. Nicholson, Sioux Falls, for defendants and appellants.

MEIERHENRY, Circuit Judge.

FACTS

Leo and Elizabeth Kirby (Kirby) appeal from a Summary Judgment Order which granted Aetna Life Insurance Company (Aetna) ownership of a 1989 wheat crop and denied Kirby's claim for summer fallow expenses. This action stems from a foreclosure judgment Aetna obtained against Richard and Gladys Satterlee (Satterlee) on certain farm land. The foreclosure action also named Kirby as well...

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