Farmers & Merchants Bank & Trust of Watertown v. Ksenych

MORGAN, Justice (on reassignment).

Plaintiff-appellant, Farmers and Merchants Bank and Trust of Watertown, South Dakota (Bank), filed an action on October 24, 1974 against defendant-respondent, Nick Ksenych (Ksenyeh), seeking to recover a; new 1974 Dodge pickup or its value. Ksenyeh counterclaimed for title to the vehicle. The case was submitted to the court on a Stipulation of Fact, the court’s memorandum decision was delivered on June 19, 1975, and judgment entered July 11, 1975, finding against the Bank and declaring that title to the Dodge pickup belonged to Ksenych. The Bank appeals from…