Heinzman v. Howard

WUEST, Acting Justice.

This appeal involves the distribution of insurance proceeds remitted to the trial court upon the destruction of real property which was the subject of an action to foreclose on a contract for deed. We reverse.

The matter was originally before this court in Heinzman v. Howard, 348 N.W.2d 147 (S.D.1984) (Heinzman I), and the facts are set out in detail therein. Briefly, Robert Heinzman (vendor), purchased fire and casualty insurance on the premises in question in April of 1982. Vendor brought an action to foreclose on a contract for deed against John and Mary Howard…