Citizens Bank & Trust Co. v. Spilos

Plaintiff brought this action for a strict foreclosure of a real estate contract. Plaintiff is assignee of the contract wherein one A. H. Brown agreed to convey to' defendants, Mike Spilos and Helen Spilos, his wife, certain real estate in the city of Mobridge, South Dakota. Under the terms of the contract the grantor agreed to convey and assure to the grantees “in fee simple, clear all incumbrances, whatever, by a good and sufficient Warranty Deed” the land described in the contract. The defendants made the payments under the terms of the contract until such time, as it is contended by them,…