Striegel v. Dakota Hills, Inc.

PEDERSON, Surrogate Justice.

This is an appeal from a “Final Judgment Nunc Pro Tunc” which canceled a contract for deed and foreclosed a security agreement. We affirm.

In January 1979, Curtis and Maurine Striegel executed a contract for deed to sell campground property to Gerald Biby. Biby subsequently conveyed his interest in the property by quit claim deed to Hillside Trust [Hillside], notwithstanding a provision in the contract for deed that Biby’s interest was not assignable without the written consent of the Striegels.

In March 1982, the Striegels brought a foreclosure action against Biby…