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ARNOLDY v. MAHONEY

Nos. 25574, 25575.

791 N.W.2d 645 (2010)

2010 SD. 89

Michael ARNOLDY and Ann Arnoldy, Plaintiffs and Appellees, v. Daniel R. MAHONEY, Defendant and Appellant, and David Finneman, Connie Finneman, Chad Finneman, Rock Creek Farms General Partnership, Kenco, Inc. d/b/a Warne Chemical and Equipment, Co., Doug Kroeplin Ag Services, Inc. and Don Holloway, in his representative capacity as Pennington County Sheriff, Defendants. Michael Arnoldy and Ann Arnoldy, Plaintiffs and Appellees, v. David Finneman, Connie Finneman, Chad Finneman, Rock Creek Farms General Partnership, Defendants and Appellants, and Kenco, Inc. d/b/a Warne Chemical and Equipment, Co., Doug Kroeplin AG Services, Inc., Daniel R. Mahoney and Don Holloway, in his representative capacity as Pennington County Sheriff, Defendants.

Supreme Court of South Dakota.

Decided December 1, 2010.

Attorney(s) appearing for the Case

Robert R. Schaub of Sundall, Schaub & Fox, P.C., Chamberlain, SD, Attorneys for appellees (#25574, #25575).

Stan H. Anker of Anker Law Group, P.C., Rapid City, SD, Attorneys for appellant (#25574).

Brian Utzman of Smoot & Utzman, P.C., Rapid City, SD, Attorneys for appellant Rock Creek Farms (#25575).

James P. Hurley of Bangs, McCullen, Butler, Foye & Simmons, L.L.P., Rapid City, SD, Attorneys for appellants Finnemans & Rock Creek Farms (#25575).

GILBERTSON, Chief Justice.

[¶ 1.] Michael and Ann Arnoldy each purchased assignments of judgments against David and Connie Finneman. They used the judgments to redeem land owned by the Finnemans that had been foreclosed. Daniel Mahoney also purchased judgments that he used to redeem the land from Michael. Arnoldys filed this separate declaratory judgment action challenging the validity of the judgments Mahoney used to redeem from them. The trial court granted...

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