SINCLAIR MARKETING, INC. v. MARX

Nos. 15515, 15761.

426 N.W.2d 309 (1988)

SINCLAIR MARKETING, INC., a Delaware Corporation, Plaintiff and Appellee, v. Robert B. MARX, Defendant and Appellant, and Janelle Marx; First National Bank of Aberdeen, Britton Branch; and Frank L. Farrar, Defendants. SINCLAIR MARKETING, INC., a Delaware Corporation, Plaintiff and Appellee, v. Robert B. MARX, Defendant and Appellant, and Janelle Marx and Wismer Lumber Yard, Inc., Defendants. SINCLAIR MARKETING, INC., a Delaware Corporation, Plaintiff and Appellee, v. SUTHER OIL COMPANY, a South Dakota Corporation; Benson-Quinn Company, a Minnesota Corporation, United States of America; and Taylor Oil Company, a South Dakota Corporation, Defendants. SINCLAIR MARKETING, INC., a Delaware Corporation, Plaintiff and Appellee, v. Robert B. MARX and South Dakota Farmers Oil Company, a South Dakota Corporation, Defendants and Appellants, and Janelle Marx; Lillian Sasse; Joseph R. Plut; Rita R. Plut; and First National Bank of Watertown, Defendants. SINCLAIR MARKETING, INC., a Delaware Corporation, Plaintiff and Appellee, v. Robert B. MARX, Defendant and Appellant, and Janelle Marx; Albert J. Berreth; Administrator of the Estate of Jacob H. Berreth, Deceased; Gary Heggeset; Citizens State Bank of Enderlin, North Dakota; and Marshall County, South Dakota, Defendants.

Supreme Court of South Dakota.

Reassigned April 12, 1988.

Decided July 20, 1988.

Rehearing Denied August 25, 1988.


Attorney(s) appearing for the Case

Daniel R. Moen of McNeary & Moen, and Rory P. King of Siegel, Barnett & Schutz, Aberdeen, for plaintiff and appellee.

Danny R. Smeins, Britton, for defendants and appellants.


MILLER, Justice (on reassignment).

This is an appeal from an amended judgment of foreclosure and deficiency. We reverse, holding that the trial court did not properly require the mortgagee (a junior lienholder) to bid the fair market value of the mortgaged property at the foreclosure sale.

Facts

Even though the factual and procedural scenario is somewhat detailed and complicated, it need not be totally recited here because of the limited issues...

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