FARMPRO SERVICES, INC. v. FINNEMAN

Nos. 27695, 27706.

887 N.W.2d 72 (2016)

2016 S.D. 72

FARMPRO SERVICES, INC., Plaintiff, v. David FINNEMAN, Connie Finneman, Chad Finneman, Armstrong Farms, Vern Armstrong, and Hope Armstrong, Defendants, and Michael Arnoldy and Ann Arnoldy, Defendants and Appellees, and Rock Creek Farms General Partnership, and Warrenn Anderson, Defendants and Appellants. Farmpro Services, Inc., Plaintiff, v. Armstrong Farms, Vern Armstrong, Hope Armstrong, Warrenn Anderson, and Rock Creek Farms General Partnership, Defendants, and David Finneman, Connie Finneman, and Chad Finneman, Defendants and Appellants, and Michael Arnoldy and Ann Arnoldy, Defendants and Appellees.

Supreme Court of South Dakota.

Decided October 19, 2016.


Attorney(s) appearing for the Case

Brian L. Utzman of Smoot & Utzman, PC, Rapid City, South Dakota and Steven W. Sanford of Cadwell, Sanford, Deibert & Garry, LLP, Sioux Falls, South Dakota, Attorneys for appellants Rock Creek Farms General Partnership and Warrenn Anderson.

James P. Hurley of Bangs, McCullen, Butler, Foye & Simmons, LLP, Rapid City, South Dakota, Attorneys for appellants Finnemans.

Elizabeth S. Hertz , Vince M. Roche of Davenport, Evans, Hurwitz & Smith, LLP, Sioux Falls, South Dakota and Robert R. Schaub of Sundall, Schaub & Fox Chamberlain, South Dakota, Attorneys for appellees Arnoldys.


[¶ 1.] The issue in this appeal concerns a redemptioner's entitlement to the return of money spent in unsuccessful attempts to redeem in a mortgage foreclosure. A landowners' successor in interest, a landowners' strawman, and judgment lien creditors engaged in competing attempts to redeem in two mortgage foreclosures. Although...

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