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DFA DAIRY FINANCING v. LAWSON SPECIAL TRUST

No. 25344.

781 N.W.2d 664 (2010)

2010 SD 34

DFA DAIRY FINANCING SERVICES, L.P., Plaintiff and Appellant, v. LAWSON SPECIAL TRUST and Minnie C. Lawson, Trustee, Deceased, and Scott Lawson, and any Other Heirs, Devisees, Legatees, Executors, Administrators or Creditors and Nor-Tech Dairy Advisors, Inc. and Midwest Concrete & Redi-Mix, Inc. f/k/a Corsica Redi-Mix, Inc., and Lake Preston Healthcare Center, Inc., A Minnesota Corp. d/b/a Kingsbury Memorial Manor, Brule County, South Dakota and all Persons Unknown Who Have or Claim to Have Any Interest in or Estate in or Lien or Encumbrance Upon the Premises Described in the Complaint, Defendants and Appellees.

Supreme Court of South Dakota.

Decided April 21, 2010.

Attorney(s) appearing for the Case

David D. Knoff of Kennedy, Pier & Knoff, LLP, Yankton, South Dakota, Attorneys for plaintiff and appellant.

Carl J. Koch, Mitchell, South Dakota, Attorney for defendants and appellees Lawson Special Trust.

GILBERTSON, Chief Justice.

[¶ 1.] DFA Dairy Financing Services, L.P. (DFA) sued Lawson Special Trust (LST), Minnie Lawson (Minnie), Trustee, deceased, and Scott Lawson (Scott) and all other heirs and beneficiaries of the LST for foreclosure of a mortgage. DFA entered into the mortgage, which was executed by Minnie as trustee for the LST. The mortgage was secured by real property owned by the LST. Scott, as the LST adverse trustee, moved for summary judgment....

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