Male v. Longstaff
South Dakota Supreme Court
Appeal from circuit court, Beadle county. Hon. A. W Campbell, Judge. Action to compel the foreclosure of a mortgage by advertisement. From a judgement in favor of plaintiffs, defendant appeals. The facts are stated in the opinion.
1Opinion of the CourtHaney, J.
The only question presented by this appeal is whether a mortgage containing the following clause can be foreclosed by advertisement. “It is further agreed that this mortgage or trust deed may be foreclosed by action or by advertisement, as provided by Chapter 28 of the Code of Civil Procedure of the Compiled Laws of Dakota, 1887, and this par*390agraph shall be deemed as authorizing and constituting a power of sale as provided in said chapter.” Every mortgage of real property containing therein a power of sale, upon default > in the condition of such mortgage, may be foreclosed by advertisement.…
2Cited by4 opinions
- Shelby v. BowdenSouth Dakota Supreme Court · 1903
- Brown v. HallSouth Dakota Supreme Court · 1913
- Hanson v. Federal Land BankSouth Dakota Supreme Court · 1935
- Kammann v. BartonSouth Dakota Supreme Court · 1910