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VANDERWERF v. KIRWAN

No. 20325.

586 N.W.2d 858 (1998)

1998 SD 119

David VANDERWERF, Harry Vanderwerf, and Betty Vanderwerf, Plaintiffs and Appellants, v. James P. KIRWAN, James T. Kirwan, William P. Kirwan, Shirley M. Kirwan, Defendants, and Gerald R. Kirwan, Jr., Leona J. Kirwan, and First Trust National Association, Defendants and Appellees.

Supreme Court of South Dakota.

Decided December 9, 1998.

Attorney(s) appearing for the Case

Paul E. Jensen, Jensen and Massa, Winner, for plaintiffs and appellants.

Michael F. Marlow, Johnson, Heidepriem, Miner, Marlow and Janklow, Yankton, David A. Domina, Domina Law, Omaha, for appellees G.R. and Leona J. Kirwan.

Jerry L. Wattier, Riter, Mayer, Hofer, Wattier & Brown, Pierre, for appellee First Trust.

GILBERTSON, Justice.

[¶ 1.] This action arises out of a real estate transaction. The Vanderwerfs brought suit against the Kirwan Ranch Partners (Partners), Gerald and Leona Kirwan (Gerald and Leona) and First Trust National Association (First Trust) seeking to have a real estate transfer set aside. The circuit court for the Sixth Judicial Circuit, Gregory County, granted summary judgment in favor of Gerald and Leona...

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