Smith v. Commercial National Bank
South Dakota Supreme Court
Appeal from circuit court, Beadle county. Hon. A. W. Campbell, Judge. Action to set aside a foreclosure sale and cancel the certificate. Defendants bad judgment, and plaintiffs appeal. Tbe facts are stated in tbe opinion. In cases of attempted revivor of mortgages, tbe creditor can only be protected by tbe doctrine of equitable mortgage.
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Appeal from circuit court, Beadle county. Hon. A. W. Campbell, Judge. Action to set aside a foreclosure sale and cancel the certificate. Defendants bad judgment, and plaintiffs appeal. Tbe facts are stated in tbe opinion. In cases of attempted revivor of mortgages, tbe creditor can only be protected by tbe doctrine of equitable mortgage. Peckont v. Haddock, 36 111. 38. A party excercising a power of sale is a trustee for all tbe parties and must not only conform to tbe letter of tbe law, but must execute tbe trust in tbe interest of all tbe parties. Ingle v. Culbertson, 43 la. 265; Thompson…
1Opinion of the CourtCorson, P. J.
This was an action to set aside a foreclosure sale of real property by advertisement, and cancel the certificate of sale. Judgment was rendered for the defendants, and the plaintiffs appeal from the judgment, taking their appeal from the judgment roll only. The case was tried by the court, and the facts as found will be briefly stated. In July, 1883, the plaintiff Smith executed a promissory note to one Avery, and to secure the same Smith and wife, coplaintiffs, executed to said Avery a mortgage on certain real estate in the city of Huron, Beadle county. In the spring of 1886 Avery…
2Cases cited5 opinions
- Colonial & United States Mortgage Co. v. BradleySouth Dakota Supreme Court · 1893
- Cason v. HeathSupreme Court of Georgia · 1890
- Purdum v. TaylorIdaho Supreme Court · 1886
- Brockschmidt v. HagebuschIllinois Supreme Court · 1874
- Lamet v. MillerCalifornia Supreme Court · 1886
3Cited by2 opinions
- State ex rel. Koontz v. BrownSouth Dakota Supreme Court · 1910
- State ex rel. Minehan v. ThompsonNorth Dakota Supreme Court · 1912