Sutton v. Consolidated Apex Min. Co.
South Dakota Supreme Court
Appeal from circuit court, Pennington county. Hon. Levi McGee, Judge. This case was first decided by this court in an opinion reported in 14 S. D. 33, 84 N. W. 211. In that opinion the judgment of the trial court giving certain liens priority over the mortgages was reversed. A rehearing was subsequently granted and this opinion is upon the rehearing.
1Opinion of the CourtCorson, J.
This case was decided at a former term of this court, and reported in 14 S. D. 33, 84 N. W. 211. A petition for rehearing was granted, and the case is now before us on such re*411hearing. Upon the reconsideration of the opinion, we have arrived at the conclusion that the court erred in that portion of the opinion in which it says, “We think the facts found in regard to Farrar’s connection with the company clearly brings him within the rule in the cases above cited. * * * He is therefore, in equity and good conscience, estopped from now claiming any lien as against these mortgagees.” Upon a review…
2Cases cited7 opinions
- Kent v. . Quicksilver Mining Co.New York Court of Appeals · 1879
- Mining Co. v. CullinsSupreme Court of the United States · 1881
- McGraw v. BayardIllinois Supreme Court · 1880
- Tolerton & Stetson Co. v. CaspersonSouth Dakota Supreme Court · 1895
- Hinchley v. GreanyMassachusetts Supreme Judicial Court · 1875
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3Cited by10 opinions
- Rodgers v. JohnCourt of Appeals of Maryland · 1917
- Lusby v. First National BankCourt of Appeals of Maryland · 1971
- Smith v. CleaverSouth Dakota Supreme Court · 1910
- White v. Constitution Mining & Milling Co.Idaho Supreme Court · 1936
- Hahn v. Sleepy Eye Milling Co.South Dakota Supreme Court · 1907
5 more not listed; retrieve them via the Exa API.