Bennett v. Consolidated Apex Mining Co.
South Dakota Supreme Court
Appeal from circuit court, Pennington county. Hon. William Gardner, Judge. Bill by Granville G. Bennett and others against the Consolidated Apex Mining Company and others to set aside certain mortgages and to subject certain property to the payment of a judgment. From an order appointing a receiver, defendants appeal.
1Opinion of the CourtHaney, J.
This is an action by judgment creditors to set aside certain mortgages made by the defendant corporation, and to subject its property to the payment of their judgments. A receiver of all the corporation’s property was appointed, upon the application of the plaintiffs, and from the order making such appointment defendants appealed.
Before the application for a receiver was heard, the action was, by consent, dismissed as to Bennett, trustee. The application was heard upon the verified complaint, verified answer, and certain affidavits. From these it appears that when the action was begun the…
2Cited by1 opinion
- Farrar v. Consolidated Apex Mining Co.South Dakota Supreme Court · 1899