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COLBURN v. HARTSHORN

Nos. 26697, 26704.

841 N.W.2d 267 (2013)

2013 S.D. 92

David COLBURN and Christine Colburn, Plaintiffs and Appellants, v. Robert HARTSHORN, Defendant and Appellee, and First Interstate Bank, Defendant.

Supreme Court of South Dakota.

Decided December 11, 2013.

Attorney(s) appearing for the Case

Patrick M. Ginsbach of Farrell, Farrell and Ginsbach, PC, Hot Springs, South Dakota, Attorneys for plaintiffs and appellants.

Courtney R. Clayborne of Clayborne, Loos & Sabers, LLP, Rapid City, South Dakota, Attorneys for defendant and appellee.

KONENKAMP, Justice.

[¶ 1.] This is an action to recover on a cattle caretaking agreement and to foreclose an agister's lien. The circuit court awarded compensation on the agreement, but ruled the agister's lien invalid because the cattle were cared for on the cattle owner's land, not the caretakers' land. Yet nothing in our laws governing such liens defeats their validity when cattle are entrusted to a caretaker on...

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