Kohn v. Lapham
South Dakota Supreme Court
Appeal from circuit court, Clark county. Hon. Julian Bennett, Judge. Action by Louis Kohn against Charles H. Lapham and another to cancel of record a certain mortgage; From a judgment in favor of defendants, plaintiff appeals. The title acquired by Kohn at the sheriff’s sale related back to the levy of the attachment on July 11, 1895, at which time the Brown mortgage was not of record.
Read the full summary
Appeal from circuit court, Clark county. Hon. Julian Bennett, Judge. Action by Louis Kohn against Charles H. Lapham and another to cancel of record a certain mortgage; From a judgment in favor of defendants, plaintiff appeals. The title acquired by Kohn at the sheriff’s sale related back to the levy of the attachment on July 11, 1895, at which time the Brown mortgage was not of record. Waples’ Attachment, Sec. 853; 3 Ency. of Law, page 223; Freeman on Executions, Sec. 195. The Brown mortgage, not having been filed for record until after the attachment and the filing of the notice of the…
1Opinion of the CourtCorson, J.
This is an action by the plaintiff to cancel a certain mortgage of record executed to the defendants to secure the payment of 62,500 by one Brown, who was the owner of certain real property in Clark county, in this state. Findings and judgment were in favor of the defendants, and the. plaintiff appeals.
The plaintiff claims title to the mortgaged property under and by virtue of attachment proceedings in which Ederheimer, Stine & Co. were plaintiffs and George H. Brown was defendant. The action was commenced on July 11, 1895, to recover about §2,000, a warrant of attachment issued, and a notice…
2Cases cited8 opinions
- Lamont v. . CheshireNew York Court of Appeals · 1875
- Collingwood v. . BrownSupreme Court of North Carolina · 1890
- Norton, Jewett & Busby v. WilliamsSupreme Court of Iowa · 1859
- Roblin v. PalmerSouth Dakota Supreme Court · 1896
- Plant v. SmytheCalifornia Supreme Court · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Murphy v. Plankinton BankSouth Dakota Supreme Court · 1900
- Leonard v. FlemingNorth Dakota Supreme Court · 1905
- Madson v. BallouSouth Dakota Supreme Court · 1935
- McVay v. TousleySouth Dakota Supreme Court · 1905
- Sox v. MiracleNorth Dakota Supreme Court · 1916
5 more not listed; retrieve them via the Exa API.