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MYERS v. EICH

No. 23837.

720 N.W.2d 76 (2006)

2006 SD 69

William G. MYERS, Trustee William G. Myers, Living Trust, Dated, Dated 11-25-94, Plaintiff and Appellee, v. Michael R. EICH and Sheri L. Eich, Defendants and Appellants.

Supreme Court of South Dakota.

Decided July 26, 2006.

Attorney(s) appearing for the Case

Roger W. Hunt of Hunt Law Office, Brandon, South Dakota, Attorney for plaintiff and appellee.

Thomas K. Wilka of Hagen, Wilka & Archer, P.C., Sioux Falls, South Dakota, Attorneys for defendants and appellants.

KONENKAMP, Justice.

[¶ 1.] In 1999, William Myers advanced Michael and Sheri Eich $125,000 to redeem their property from foreclosure. The transaction between the parties included a warranty deed and contemporaneous contract for deed. Over the next several years, Myers continued to advance the Eichs money. With one advance, Myers amended the 1999 contract for deed; with another, he had the Eichs execute new warranty deeds. The Eichs, however, could not get ahead...

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