Smith v. Hermsen

AMUNDSON, Justice.

[¶ 1.] Harold and Dolores Smith (Smiths) sued Albert and Joyce Hermsen (Hermsens) for rescission of a land sale after it was discovered that a mortgage was attached to the property. After Hermsens failed to file a timely answer, Smiths were granted a default judgment. The trial court denied Hermsens’ motion to set aside default and request for leave to file answer. Hermsens appeal and we reverse and remand.

FACTS

[¶ 2.] Hermsens owned approximately thirty-five acres of real estate near Winner, South Dakota. After initial refusals, Herm-sens agreed to sell to Smiths a six-acre…