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EQUITABLE LIFE ASSUR. SOC. OF U.S. v. FNB

Nos. 20931, 20934, 20937.

602 N.W.2d 291 (1999)

1999 SD 144

The EQUITABLE LIFE ASSURANCE SOCIETY of the UNITED STATES, a New York Corporation, Plaintiff and Appellant, v. FIRST NATIONAL BANK, Defendant and Appellant, and Fred H. Olson, Jr. and Jennifer E. Olson, Defendants and Appellants, and Roger Barber and James Bloom; Moodie Implement, Pierre, Inc.; Stulken, Peterson, Joel Association; Fred's Farm Supply, Inc.; Hutmacher Drilling Inc.; Grossenburg Implement, Inc.; Fidelity Agency; and Charles Baker, d/b/a Baker Harvesting, Defendants.

Supreme Court of South Dakota.

Decided November 17, 1999.

Attorney(s) appearing for the Case

John S. Dorsey of Whiting, Hagg & Hagg, Rapid City, South Dakota, Attorneys for appellant Equitable Life.

Brent A. Wilbur of May, Adam, Gerdes and Thompson, Pierre, South Dakota, Attorneys for appellant First National Bank.

James E. McMahon and Jeffrey C. Clapper of Boyce, Murphy, McDowell and Greenfield, Sioux Falls, South Dakota, Attorneys for appellants Olsons.

GILBERTSON, Justice.

[¶ 1.] Equitable Life Assurance Society of the United States (Equitable), Fred H. Olson and Jennifer E. Olson (Olsons), and First National Bank (FNB) separately appealed an order confirming the sheriff's sale of mortgaged real estate. The sale had been conducted pursuant to a judgment of foreclosure on the property. The matters were consolidated in this appeal. We reverse.

FACTS AND PROCEDURE

[¶ 2.] The Olsons owned...

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