HEINZMAN v. HOWARD

No. 14225.

348 N.W.2d 147 (1984)

Robert E. HEINZMAN, Plaintiff and Appellant, v. John Freeman HOWARD and Mary Jean Howard, husband and wife, and the State Bank of Alcester, a corporation, Defendants and Appellees.

Supreme Court of South Dakota.

Decided May 9, 1984.

Rehearing Denied June 18, 1984.


Attorney(s) appearing for the Case

Michael J. McGill, Beresford, for plaintiff and appellant.

Charles B. Haugland of Beck, Gubbrud & Haugland, Alcester, for defendants and appellees.


FOSHEIM, Chief Justice.

This is an action by Robert E. Heinzman (vendor) to foreclose a contract for deed against John Freeman Howard and Mary Jean Howard (vendees) and to set aside as fraudulent their quitclaim conveyance to the State Bank of Alcester (bank). The trial court ruled that it was immaterial whether the conveyance was fraudulent because the transfer did not obstruct any rights of the vendor under the contract for deed. The court further concluded the...

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