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BEITELSPACHER v. WINTHER

Nos. 16388, 16389.

447 N.W.2d 347 (1989)

Reuben O. BEITELSPACHER and Ruth Beitelspacher, a/k/a Ruth Nelson Beitelspacher, Plaintiffs and Appellants, v. Elden L. WINTHER and Antoinette M. Winther, Defendants and Appellees.

Supreme Court of South Dakota.

Decided October 18, 1989.

Attorney(s) appearing for the Case

Carlyle E. Richards, P.C., Aberdeen, for plaintiffs and appellants.

Mark A. Moreno of Schmidt, Schroyer, Colwill and Barnett, P.C., Pierre, for defendant and appellee, Antoinette M. Winther.

Thomas M. Tobin of Tonner, Tobin and King, Aberdeen, for defendant and appellee, Elden L. Winther.

HENDERSON, Justice.

CASE SUMMARY

We affirm the trial court's decision on a contract for deed foreclosure, with the exception of a double counting of improvements made by the Buyers which wrongly skews the balancing of equities. Thus, we affirm in part and reverse and remand in part.

PROCEDURAL HISTORY/ISSUES

Plaintiffs/appellants Reuben O. Beitelspacher and Ruth Beitelspacher (Sellers) initiated an action to foreclose on a 1977 contract...

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