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SMITH v. HERMSEN

No. 19815.

572 N.W.2d 835 (1997)

1997 SD 138

Harold E. SMITH and Dolores A. Smith, Jointly and Severally, Plaintiffs and Appellees, v. Albert HERMSEN and Joyce Hermsen, Jointly and Severally, Defendants and Appellants.

Supreme Court of South Dakota.

Decided December 23, 1997.

Attorney(s) appearing for the Case

J.M. Grossenburg, Winner, for plaintiffs and appellees.

Stanley E. Whiting, Winner, for defendants and appellants.

AMUNDSON, Justice.

[¶ 1.] Harold and Dolores Smith (Smiths) sued Albert and Joyce Hermsen (Hermsens) for rescission of a land sale after it was discovered that a mortgage was attached to the property. After Hermsens failed to file a timely answer, Smiths were granted a default judgment. The trial court denied Hermsens' motion to set aside default and request for leave to file answer. Hermsens appeal and we reverse and remand.

FACTS

[¶ 2...

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