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WISNER v. PAVLIN

No. 23904.

719 N.W.2d 770 (2006)

2006 SD 64

Dennis F. WISNER, Plaintiff and Appellee, v. Ethel M. PAVLIN, Defendant and Appellant, and CorTrust Bank, NA., Defendant.

Supreme Court of South Dakota.

Decided July 19, 2006.

Attorney(s) appearing for the Case

Charles L. Dorothy of Dorothy Law Firm, P.C., Sioux Falls, South Dakota, Attorney for plaintiff and appellee.

Michael A. Hauck of Bangs, McCullen, Butler, Foye & Simmons, Sioux Falls, South Dakota, Attorneys for defendant and appellant.

MEIERHENRY, Justice.

[¶ 1.] Ethel Pavlin (Ethel) contests a court ordered partition sale of real property which she owns as a tenant in common with Dennis Wisner (Dennis). Ethel claims her homestead interest in the property prevents the partition. The trial court denied her claim and granted the partition. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

[¶ 2.] In 1999, Ethel purchased a home in...

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