Yetzer v. Young
South Dakota Supreme Court
Appeal from circuit court, Hand county. Hon. H. G-. Fuller, Judge. Action in claim and delivery for the possession of mortgaged chattels, for the purpose of foreclosing a mortgage. Defendant answered alleging full payment of the debt. The appellant’ herein, as a judgment creditor of the defendant, intervenes, and answering alleges that the mortgage has been paid.
Read the full summary
Appeal from circuit court, Hand county. Hon. H. G-. Fuller, Judge. Action in claim and delivery for the possession of mortgaged chattels, for the purpose of foreclosing a mortgage. Defendant answered alleging full payment of the debt. The appellant’ herein, as a judgment creditor of the defendant, intervenes, and answering alleges that the mortgage has been paid. Upon trial the court struck out all the testimony given in behalf of the intervener and directed a judgment against her. The intervener appeals. The facts are stated in the opinion. A mortgage containing a stipulation that the…
1Opinion of the CourtKellam, P. J.
The facts in this case necessary to an understanding of the questions raised are.as follows: Plaintiffs claim to be the owners, by assignment, of a chattel mortgage on a stock of goods. The mortgage was given by Childs & Young, a partnership, of which defendant, Charles H. Young, was, at the time of *266these proceedings, surviving partner. Default having been made in payment, as alleged by plaintiffs, and Young refusing to surrender the mortgaged goods under the mortgage, plaintiffs commenced an action, January 20, 1890, in claim and delivery for the possession of the goods, for the purpose of…
2Cases cited8 opinions
- Horn v. Volcano Water Co.California Supreme Court · 1859
- Maxwell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
- Gasquet v. JohnsonSupreme Court of Louisiana · 1830
- Bennett v. WhitcombSupreme Court of Minnesota · 1878
- Warder, Bushnell & Glessner Co. v. IngliSouth Dakota Supreme Court · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Faricy v. St. Paul Investment & Savings SocietySupreme Court of Minnesota · 1910
- Anderson v. First Nat. BankNorth Dakota Supreme Court · 1895
- McClellan v. StateSouth Dakota Supreme Court · 1911
- Peters v. Great Western Bank, Inc.South Dakota Supreme Court · 2015
- Albien v. SmithSouth Dakota Supreme Court · 1909
7 more not listed; retrieve them via the Exa API.