Legal Opinion · Concurring in part, dissenting in part

Federal Land Bank of Omaha v. Carlson

South Dakota Supreme Court

Decided October 20, 1987No. 15450Published

1Concurring in part, dissenting in partWuest, Chief Justice

I would affirm.

Agnes M. Carlson, mother, sold her ranch to her son, L. Melford Carlson and his wife. The property was sold under a contract for deed for a price of $295,000.00. After the down payment was made, the balance due mother was $269,000.00 with interest at the rate of six percent per an-num. Thereafter, the son and his wife mortgaged the property to the Federal Land Bank of Omaha. The mortgage was given to secure a promissory note of even date executed by the son and his wife in the principal sum of $267,000.00 with interest. The mother executed a subordination agreement which…

2Cases cited2 opinions

  1. Perpetual National Life Insurance Co. v. BrownSouth Dakota Supreme Court · 1970
  2. Miners & Merchants Bank v. Braden Forestry Services, Inc.South Dakota Supreme Court · 1985

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