418 N.W.2d 327 | S.D. | 1988
Lead Opinion
The trial court made a proper SDCL 15-6-54(b) determination after granting summary judgment to the Bank against Gary Kleinjan and others. See companion case 418 N.W.2d 326. Although we can decline the appeal on our own motion, we see no appropriate reason for doing so. Ochs v. Northwestern Nat’l Life Ins. Co., 254 N.W.2d 163, 166 (S.D.1977).
Gary’s parents, Wilbur and Adriana, mortgaged 580 acres to the Bank on October 9, 1981. The mortgage form used was for a “One Hundred Eighty Day Redemp
Concurrence Opinion
(specially concurring).
Although I dissented to the entry of summary judgment in the companion case 418 N.W.2d 326,1 agree with the conclusion of the majority that the mortgage was not void and Gary’s deed was inferior to the mortgage and subject to foreclosure.