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GRAVES v. WHEATON

No. 9991.

116 N.W.2d 801 (1962)

Mabel GRAVES, Eloise Graves, and Ken C. Graves, Plaintiffs and Appellants, v. Hal D. WHEATON, Violet Wheaton; Donald R. Shultz, Trustee in Bankruptcy of the Estate of Halford Wheaton, Bankrupt; Mike Tarpinian, Jacquelyn Tarpinian; Palmer Evenson, as Executor of the Estate of Halvor Evenson, Deceased; Palmer Evenson, as Executor of the Estate of Julia Evenson, Deceased; and Pennington County, a political subdivision of the State of South Dakota, Defendants and Respondents.

Supreme Court of South Dakota.

September 13, 1962.

Attorney(s) appearing for the Case

Graves & Lehnert, Rapid City, for plaintiffs and appellants.

Whiting, Lynn, Freiberg & Shultz, Rapid City, for defendants and respondents.

RENTTO, Presiding Judge.

This action was instituted to foreclose a real estate contract but the court changed its nature by concluding that the transactions out of which the litigation arose constituted a mortgage, as contended by the answering defendants, and ordered a sale of the premises involved. Plaintiffs, whose status under this determination is that of mortgagees, appeal from only that part of the judgment which gives to the owners of the premises, the successors...

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