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HEINZMAN v. HOWARD

No. 14702.

366 N.W.2d 500 (1985)

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 April 17, 1985.

Attorney(s) appearing for the Case

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

Charles B. Haugland, Alcester, for defendants and appellees.

WUEST, Acting Justice.

This appeal involves the distribution of insurance proceeds remitted to the trial court upon the destruction of real property which was the subject of an action to foreclose on a contract for deed. We reverse.

The matter was originally before this court in Heinzman v. Howard, 348 N.W.2d 147 (S.D.1984) (Heinzman I), and the facts are set out in detail therein. Briefly, Robert Heinzman...

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