First National Bank of Minneapolis v. Kehn Ranch, Inc.

In appeal # 15041, I concur in the result based on the last proposition only. In appeal # 15042, I concur in the result as to Issue I, dissent as to Issue IV, and concur in Issues II, III, V and VI. In appeal # 15043, I concur.

I take issue with the holding that commercial cattle herds raised for sale at public livestock markets are collateral “of a type customarily sold on a recognized market” for purposes of SDCL 57A-9-504(3), hereafter 9-504(3). The reasoning by which the author arrives at that conclusion is convoluted and internally inconsistent.

The author misapplies Judge Porter’s…