Menno State Bank v. City of Menno

MORGAN, Justice.

Edleen Ruff appeals from the denial of her motion to vacate a judgment issued after our remand in the case of Menno State Bank v. City of Menno, 297 N.W.2d 460 (S.D.1980). Since the filing of the motion to vacate and our remand, circumstances have arisen which dispose of this appeal.

On July 1, 1980, Edleen Ruff transferred her interest in property, which is the subject of this litigation, to Merritt and J. W. Ulmer. Four days later she died. At the hearing on the motion to vacate, appellee noted the death in the record by introducing a copy of the death certificate.

All civil…