Sandys v. Robinson
South Dakota Supreme Court
Appeal from Circuit Court, Pennington County. Hon. Tbvi McGE®, Judge. Action to foreclose a mortgage by Tew W. Sandys against Tee Robinson and others. Judgment for defendants, and plaintiff appeals. If an instrument purports to have been executed by a corporation, and the corporate seal is affixed, it will be presumed, in the absence of evidence to the contrary, that it is the proper seal of the corporation, and that it was affixed by the duly authorized officer or agent.
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Appeal from Circuit Court, Pennington County. Hon. Tbvi McGE®, Judge. Action to foreclose a mortgage by Tew W. Sandys against Tee Robinson and others. Judgment for defendants, and plaintiff appeals. If an instrument purports to have been executed by a corporation, and the corporate seal is affixed, it will be presumed, in the absence of evidence to the contrary, that it is the proper seal of the corporation, and that it was affixed by the duly authorized officer or agent. Sec. 76, Marshall on Corporations. When the common seal of a corporation appears to be affixed to an instrument, and the…
1Opinion of the CourtWhiting, P. J.
This action was brought by the plaintiff to foreclose a mortgage on certain real estate in Pennington county. The mortgage and note thereby secured were given by the then owner of the land. Plaintiff alleged that defendant Robinson had, or claimed, some interest in the premises, but that whatever interest was held by him was subject to plaintiff’s mortgage interest. Defendant, answering, by way of counterclaim, alleged that he claimed title in fee under and by virtue of tax sale, under the “Scavenger” tax law, made subsequent to the date of plaintiff’s mortgage, and defendant prayed that his…
2Cases cited6 opinions
- Nelson v. SpenceSupreme Court of Georgia · 1907
- Cornelius v. FergusonSouth Dakota Supreme Court · 1909
- King v. LaneSouth Dakota Supreme Court · 1906
- Bandow v. WolvenSouth Dakota Supreme Court · 1909
- St. Louis Public Schools v. RisleySupreme Court of Missouri · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- McKinnon v. FullerSouth Dakota Supreme Court · 1914
- Ulrickson v. UlricksonSouth Dakota Supreme Court · 1919
- Cooper v. HenrySouth Dakota Supreme Court · 1913