Legal Opinion
Jerke Construction, Inc. v. Home Federal Savings Bank
South Dakota Supreme Court
Decided February 9, 2005No. NonePublishedCited by 2 opinions
1Opinion of the Court
TICE, Circuit Judge.
[¶ 1.] Home Federal Savings Bank, Inc. (Bank) appeals from an order entered against it in a declaratory judgment action initiated by Jerke Construction Corporation (Jerke). Jerke sought to establish its ownership of a bulldozer it had placed in the possession of Justin Peck (Peck), who in turn had offered the machine as collateral to Bank as security for a loan. Having concluded that no security interest attached to the machinery and that Jerke owned the bulldozer, the trial court ordered that Jerke was entitled to possession of the equipment. We affirm that order.
FACTUAL…
2Cases cited11 opinions
- Ray Rohweder v. Aberdeen Production Credit AssociationCourt of Appeals for the Eighth Circuit · 1985
- Werner v. Norwest Bank South Dakota, N.A.South Dakota Supreme Court · 1993
- In Re Victor L. Gelking, Debtor. Phillip D. Armstrong, Trustee of the Estate of Victor L. Gelking v. State Bank of TownerCourt of Appeals for the Eighth Circuit · 1985
- First National Bank of Philip v. TempleSouth Dakota Supreme Court · 2002
- Owens v. MoyesSouth Dakota Supreme Court · 1995
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3Cited by2 opinions
- First Dakota National Bank v. GreggSouth Dakota Supreme Court · 2021
- Jerke Construction, Inc. v. Home Federal Savings BankSouth Dakota Supreme Court · 2005