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ADRIAN v. McKINNIE

No. 22860.

684 N.W.2d 91 (2004)

Wallace ADRIAN, Plaintiff and Appellee, v. Rich McKINNIE and Lynn McKinnie, Defendants and Appellants, Citibank (South Dakota), NA, and Adrian Ranch, L.L.C., Defendants.

Supreme Court of South Dakota.

Decided June 30, 2004.

Attorney(s) appearing for the Case

Michael A. Wilson of Barker, Wilson, Reynolds & Burke, Rapid City, South Dakota, Attorneys for plaintiff and appellee.

Kenneth R. Dewell of Pechota, Leach & Dewell, Rapid City, South Dakota, Attorneys for defendants and appellants.

MEIERHENRY, Justice.

[¶ 1.] This case is before us for the second time. In the first case, we determined that the parties' contractual agreement was an equitable mortgage and reversed and remanded for further proceedings. On remand, Wallace Adrian (Adrian) sought foreclosure of the equitable mortgage. The trial court granted judgment in favor of Adrian, including interest and attorney's fees. Borrowers, Lynn and Rich...

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