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PINER v. JENSEN

No. 18552.

519 N.W.2d 337 (1994)

Susan M. PINER, Plaintiff and Appellant, v. Kevin JENSEN, Debra Jensen, Kenneth G. Jensen, Sr., Joan Jensen, Leo Schmitz and Gilbert Schmitz, Defendants, and State Bank of Springfield, a Minnesota Banking Corporation, Defendant and Appellee, and Susan M. PINER, Plaintiff and Appellant, v. Kevin JENSEN, Debra Jensen, Curtis A. Thram, Dianne Thram, Ethel Thram, David D. Bornitz and Ruby Bornitz, Defendants, and State Bank of Springfield, a Minnesota Banking Corporation, Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 13, 1994.

Attorney(s) appearing for the Case

Larry L. Gullickson, Lake Preston, for appellant.

Todd D. Wilkinson, Wilkinson & Wilkinson, DeSmet, for appellee.

SABERS, Justice.

This is an appeal of a determination of fraudulent conveyance of property on summary judgment motion. Transferee appeals claiming genuine issues of material fact exist. We reverse and remand for trial.

FACTS1

On June 21, 1980, Dennis Ashwill (Ashwill) acquired 1400 acres in Sanborn County, South Dakota, on a Contract for Deed from LeRoy and Rose Marie Duke (Duke Contract). The Duke Contract provided...

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