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SCHLOSSER v. NORWEST BANK SOUTH DAKOTA

No. 18081.

506 N.W.2d 416 (1993)

Jim C. SCHLOSSER and Katherine M. Schlosser, Plaintiffs and Appellants, v. NORWEST BANK SOUTH DAKOTA, N.A., as Trustee of the Estate of Otto Borchgrevink, and Valley National Bank, as Executor of the Estate of Phyllis Borchgrevink, Defendants and Appellees.

Supreme Court of South Dakota.

Rehearing Denied October 15, 1993.

Attorney(s) appearing for the Case

Harlan A. Schmidt, Spearfish, for plaintiffs and appellants.

Ronald E. Clabaugh of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendant and appellee Norwest Bank South Dakota, N.A.

Kenneth L. Heisterkamp and William A. May of Costello, Porter, Hill Heisterkamp & Bushnell, Rapid City, for defendant and appellee Valley Nat. Bank.

KEAN, Circuit Judge.

Otto and Phyllis Borchgrevink (Borchgrevinks) were owners of a large ranch which straddled the Wyoming and Montana state line. Three thousand one hundred fifty-five acres were in Crook County, Wyoming, and 4002 acres were in Carter County, Montana. The ranch was sold in 1979 on a contract for deed to Jim C. and Katherine M. Schlosser (Schlossers). Annual installments were payable through 1994. A clause in the contract allowed the Borchgrevinks...

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