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SCHLEUTER CO., INC. v. SEVIGNY

Nos. 19820, 19842.

564 N.W.2d 309 (1997)

1997 SD 68

The SCHLEUTER COMPANY, INC., Babson Credit Plan, Inc., and Babson Brothers, Inc., Plaintiffs and Appellants, v. Donald J. SEVIGNY, Diane Sevigny, Bank of Hoven, a Corporation, Clarence J. Frost, Anna Marie Frost, Inman-McDowell, Inc., Defendants, v. HOVEN INDUSTRIES, INC., and John F. Cedarberg, III, Defendants and Appellees. John F. CEDARBERG, III, Cross-Plaintiff and Appellee, v. Donald J. SEVIGNY and Diane Sevigny, Cross-Defendants.

Supreme Court of South Dakota.

Decided June 11, 1997.

Attorney(s) appearing for the Case

Jay R. Gellhaus & Lonald L. Gellhaus of Williams, Gellhaus & Gerdes, Aberdeen, for appellants.

Craig E. Smith of Neumayr and Smith, Gettysburg, for appellees.

SABERS, Justice.

[¶ 1.] This dispute concerns priority in real property between creditors' judgment liens and buyer's unrecorded contract for deed. The trial court held that buyer had a superior interest in the property by virtue of mortgagee's assignment of mortgage. We reverse.

FACTS

[¶ 2.] In 1978, Donald Sevigny d/b/a Sevigny Farm Service (Sevigny) erected a building on a small parcel of land in Hoven, South Dakota, from which he operated...

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