Legal Opinion
Adrian v. McKinnie
South Dakota Supreme Court
Decided January 23, 2002No. NonePublishedCited by 20 opinions
1Opinion of the Court
KONENKAMP, Justice.
[¶ 1.] This is an appeal from a judgment on the status and effect of a “Lease Agreement & Option to Purchase” relating to a 600-acre tract of land in Custer County, South Dakota. The trial court, treating this document purely as a lease-purchase agreement, found that the lessees breached the agreement and failed to cure their breach and that the terms of the agreement entitled the lessor to terminate the lease. We reverse because the lease was a device to secure an advancement of purchase money, and, therefore, it constituted an equitable mortgage.
Background
[¶ 2.] In 1994,…
2Cases cited15 opinions
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- Republic Molding Corp. v. B. W. Photo UtilitiesCourt of Appeals for the Ninth Circuit · 1963
- Tunender v. MinnaertSouth Dakota Supreme Court · 1997
- House of Seagram, Inc. v. Assam Drug Co.South Dakota Supreme Court · 1968
- Standard Casualty Company v. BoydSouth Dakota Supreme Court · 1955
10 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Arneson v. ArnesonSouth Dakota Supreme Court · 2003
- Ziegler Furniture & Funeral Home, Inc. v. CicmanecSouth Dakota Supreme Court · 2006
- Hofeldt v. MehlingSouth Dakota Supreme Court · 2003
- Pietrzak v. SchroederSouth Dakota Supreme Court · 2009
- Halls v. WhiteSouth Dakota Supreme Court · 2006
15 more not listed; retrieve them via the Exa API.