Aultman Co. v. Ferguson
South Dakota Supreme Court
Appeal from circuit court, Brookings county. Hon. J. O. Andrews, Judge. Two actions — one in claim and delivery, to recover the possession of property described in a chattel mortgage, and the other to foreclose such mortgage — were consolidated and tried together. From a judgment for defendant, and from an order denying a motion for a new trial, plaintiff appeals. The facts are stated in the opinion.
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Appeal from circuit court, Brookings county. Hon. J. O. Andrews, Judge. Two actions — one in claim and delivery, to recover the possession of property described in a chattel mortgage, and the other to foreclose such mortgage — were consolidated and tried together. From a judgment for defendant, and from an order denying a motion for a new trial, plaintiff appeals. The facts are stated in the opinion. In this case the actions of replevin and foreclosure could not have been joined, because the action of replevin sounds in tort, and cannot be joined with an action upon contract. 1 Ency. of PI. &…
1Opinion of the CourtFuller, J.
In aid of a foreclosure proceeding by advertisement, plaintiff brought an action in claim and delivery to recover the possession of certain property described in a chattel mortgage, which it is admitted the defendant executed to secure the payment of certain promissory notes given to plaintiff as part consideration for a steam engine. In his answer the defendant denied that plaintiff was entitled to the possession of the property, and, for a full and complete defense, relied upon a breach of a written contract executed by plaintiff, in which said engine was expressly warranted in every…
2Cases cited6 opinions
- Kerr v. LunsfordWest Virginia Supreme Court · 1888
- Dexter v. HallSupreme Court of the United States · 1873
- Wilkinson v. BlackSupreme Court of Alabama · 1885
- Lewis v. DanielSupreme Court of Georgia · 1872
- Bishop v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Beddow v. FlageNorth Dakota Supreme Court · 1911
- Tripp v. City of YanktonSouth Dakota Supreme Court · 1898