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KIMBALL INVESTMENT LAND, LTD. v. CHMELA

No. 21035.

604 N.W.2d 289 (2000)

2000 SD 6

KIMBALL INVESTMENT LAND, LTD., Plaintiff and Appellee, v. Marvin CHMELA and Joann Chmela, Defendants and Appellants.

Supreme Court of South Dakota.

Decided January 12, 2000.

Attorney(s) appearing for the Case

John F. Cogley of Morgan, Theeler, Cogley & Petersen, Mitchell, South Dakota, Attorneys for plaintiff and appellee.

Wally Eklund of Johnson, Eklund, Nicholson, Peterson & Fox, Gregory, South Dakota, Attorneys for defendants and appellants.

GILBERTSON, Justice.

[¶ 1.] Defendants Marvin and Joann Chmela (Chmelas) appeal the circuit court's order granting the motion of Plaintiff Kimball Investment Land, Ltd. (Kimball) for summary judgment on Kimball's claim to foreclose two mortgages executed between the Chmelas and Kimball's predecessors. Chmelas also appeal the circuit court's award of Kimball's attorney's fees. We affirm.

FACTS AND PROCEDURE

[¶ 2.] The Chmelas reside on farmland...

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