Iowa Inv. Co. v. Shepard
South Dakota Supreme Court
Appeal from circuit court, Kingsbury county. Hon. J. O. Andrews, Judge. Action to quiet title. Plaintiff bad judgment, and defendant appeals. The facts are stated in the opinion. The right to foreclose a mortgage by advertisement depends solely upon the provisions of the statute, and the statutory provisions must be strictly complied with, or the sale is invalid. 2 Jones on Mortgages, § 1839; Wiltsie on Mortgage Forecl. (2d Ed.), § 784 et seg.
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Appeal from circuit court, Kingsbury county. Hon. J. O. Andrews, Judge. Action to quiet title. Plaintiff bad judgment, and defendant appeals. The facts are stated in the opinion. The right to foreclose a mortgage by advertisement depends solely upon the provisions of the statute, and the statutory provisions must be strictly complied with, or the sale is invalid. 2 Jones on Mortgages, § 1839; Wiltsie on Mortgage Forecl. (2d Ed.), § 784 et seg. Mere omissions and inaccuracies, not calculated to mislead, and working no prejudice, will not be regarded. Powers v. Kueckhoff, 41 Mo. 425; Beatie v.…
1Opinion of the CourtFuller, J.
Basing its right upon a claim of ownership, plaintiff brought this action to quiet title to certain real estate described in the complaint, and this appeal is from an order sustaining a demurrer to the answer of John Shepard, who was the only party'defendant appearing therein. The undisputed facts disclosed by the pleadings are confessedly sufficient toen-*333title respondent to all the relief prayed for, provided' the following notice .or advertisement of mortgage foreclosure sale under a power of sale is found to be in substantial compliance with the statute: “Mortgage Sale. Default having been…
2Cases cited4 opinions
- Model Lodging House Ass'n v. City of BostonMassachusetts Supreme Judicial Court · 1873
- Powers v. KueckhoffSupreme Court of Missouri · 1867
- Maxwell v. NewtonWisconsin Supreme Court · 1886
- Leet v. McMasterNew York Supreme Court · 1868
3Cited by3 opinions
- McCardia v. BillingsNorth Dakota Supreme Court · 1901
- Loomis v. StoddardSouth Dakota Supreme Court · 1919
- Gillette v. AbrahamsSouth Dakota Supreme Court · 1919