St. John's First Lutheran Church v. Storsteen

This is a quiet title action instituted pursuant to the provisions of SDC 37.15 by the plaintiff church, a religious corporation, involving the real estate which is its church structure. By his counterclaim the defendant asked judgment in the sum of $783.37 for services and materials furnished by him in the construction of the foundation and basement of the church and in placing the building thereon. He also sought enforcement of a statutory mechanic’s lien which he claimed for the value of the items furnished.

The trial court quieted the title of the church but awarded the defendant a…