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and South Dakota Continuing Legal Education, Inc.
222 East Capitol Ave.
Pierre, SD 57501-2596


BEVERLY E. ENGLEHART,
Plaintiff and Appellee,

v.
GARY LARSON,

Defendant and Appellant.
and Clarke Starr; Ruby Starr; Perkins County,
a subdivision of the State of South Dakota;
and the Internal Revenue Service, an agency of the United States of America.
Defendants.
[1997 SD 84, __ NW2d __ ]

South Dakota Supreme Court
Appeal from the Eighth Judicial Circuit, Perkins County, SD
Hon. John W. Bastian, Judge
#19679 — Affirmed

Max Main, Kevin S. Bailey
Bennett, Main & Bailey, Belle Fourche, SD
Attorneys for Plaintiff and Appellee.

James P. Hurley, Bangs, McCullen, Butler, Foye & Simmons, Rapid City, SD
Attorneys for Defendant and Appellant Gary Larson.

Considered on Briefs Apr 30, 1997; Opinion Filed Jul 9, 1997

MILLER, Chief Justice.
[¶1] Gary Larson appeals the circuit court’s confirmation of a referees’ recommendation for partition of certain real property. We affirm.

FACTS
[¶2] Following the death of their parents, Gary Larson and Beverly Englehart inherited two tracts of farm land as tenants in common. [fn1]  One tract, containing approximately 2,447 acres, is located in Perkins County, South Dakota. The other tract is approximately 280 acres located in Campbell County, South Dakota. The property is used for grazing and crop production. Neither party’s residence is located on this property.
[¶3] On June 14, 1994, Larson obtained a $180,000 loan from Clarke and Ruby Starr. To secure the loan, Larson gave Starrs a mortgage on part of the property located in Perkins County, property which was owned by Larson and Englehart as tenants in common. Larson gave this mortgage without Englehart’s knowledge or consent.
[¶4] On October 31, 1994, Englehart commenced an action seeking to partition the two tracts of land. [fn2]  Larson and Englehart agreed partition was appropriate. With the parties’ recommendations, the circuit court appointed three referees to recommend a partition. [fn3]  Larson selected Marty Knudson, Englehart selected Wayne Weishaar, and Knudson and Weishaar then selected Bob Penfield as the third referee.
[¶5] At the time Englehart commenced the partition action, the balance on Larson’s debt to Starrs remained at $180,000. In April of 1995, Starrs stipulated to release of their June 14, 1994, mortgage taken as security for Larson’s loan. Starrs, Larson and Englehart agreed that in exchange for the release of the lien on the Perkins County property, Starrs would take another mortgage on an appropriate part of the property distributed to Larson by the partition.
[¶6] The circuit court ordered the referees to recommend a partition of the disputed property. The court

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