Castle v. Gleason
South Dakota Supreme Court
Appeal from Circuit Court, Union County. H011. Joseph W. Jones, Judge. Action by W. D. Castle against John Gleason and Jonas Warren, for reformation of a chattel mortgage on crops, and for recovery against Gleason for conversion of part of the crops. From a judgment for plaintiff, and from an order denying a new trial, defendant Gleasom appeals. (1) Under -point one of the opinion, Appellant cited: nth A. & Eng.
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Appeal from Circuit Court, Union County. H011. Joseph W. Jones, Judge. Action by W. D. Castle against John Gleason and Jonas Warren, for reformation of a chattel mortgage on crops, and for recovery against Gleason for conversion of part of the crops. From a judgment for plaintiff, and from an order denying a new trial, defendant Gleasom appeals. (1) Under -point one of the opinion, Appellant cited: nth A. & Eng. Enc. of Law, p. 1015G, 1st Ed., citing Peyton v. Rose, 4 Mo. 257; Jones v. Moore, 42 Mo. 213; Curd v. Lackland, 43 Mo. 139; Keens v. Gaslin, 24 Neb. 310; Harrison v. Juneau Bank, 17…
1Opinion of the Court
GATES, J.,
In the case of Castle v. Gleason, 31 S. D. 590, 141 N. W. 516, a decision was rendered by this court reversing the judgment of the trial court for that the error ini a chattel mortgage, purporting to be given upon crops to be grown in 1912 instead of tire year 1911, was held not to be a clerical error. It was also held in that case that a reformation of the mortgage should have been sought. Upon the return of that proceeding to the -trial court, that action- was -dismissed, and the present action was begun against Gleason and -Jonas- Warren, the mortgagor, alleging a written lease…
2Cases cited5 opinions
- Grigsby v. LarsonSouth Dakota Supreme Court · 1910
- Dobbs v. Atlas Elevator Co.South Dakota Supreme Court · 1910
- John T. Stewart Estate (Inc.) v. FalkenbergSupreme Court of Kansas · 1910
- Castle v. GleasonSouth Dakota Supreme Court · 1913
- Savings Bank v. CanfieldSouth Dakota Supreme Court · 1900
3Cited by3 opinions
- State v. NieuwenhuisSouth Dakota Supreme Court · 1926
- Casey v. SmithSouth Dakota Supreme Court · 1915
- Van Abel v. WemmeringSouth Dakota Supreme Court · 1915