Heimes v. Heimes

This is an appeal by plaintiffs from an adverse judgment in an action in which they sought to have an execution sale of personal property set aside on the principal ground of gross inadequacy of consideration. The action is a sequel to that of Heimes v. Heimes, 70 S. D. 265, 16 N. W.2d 921. As the trial court’s decree was shaped by the circumstances, a detailed' picture of its factual background must be developed.

Prior to November 1943, the defendant above-named, William Heimes, hereinafter called the creditor, brought an action against Frank Heimes and his wife Antonetta Heimes, referred to…