Wagner v. Abraham's
South Dakota Supreme Court
Appeal from JCincuit 'Court, Tripp Counity. Hon. Wirriam W'lRRIAMSON, Judge. Action by Thomas J. Wagner, against Henry J. Alhralhams and E. A. Dwyer, -as Sheriff -of Tripp County, S. D.,. to redeem land from mortgage foreclosure sale. From a judgment for defendants, and from an ¡order denying a -new .trial, plaintiff appeals. (2) To point two of the opinion, Appellant cited: Breckridge vs. Brooks-, 11 (Ky.) 360; Ktotfoed vs. Gordon, 122 (Cal.) 314, 54 Pac. 1115.
1Opinion of the CourtPolley, J.
This is 'a suit in equity, brought in Tripp- county by plaintiff to redeem' a quarter section of land from mortgage foreclosure sale.
On 'tire 1st -day of October, 1910, the -owners' of the land in question -gave defendant their promissory note for the -sum of $1,200, payable on the 1st day -oif July, 1915. S'aid not bore interest at the rate of 6 per cent.’ per annum', which -interest was evidenced by coupon notes attached thereto’. The mortgage in question Was given to secure the payment of this note and interest. The note contained 'the following provisions.
“-This -note ltd draw 12 per…
2Cited by2 opinions
- Casareto v. JohnsonSouth Dakota Supreme Court · 1935
- Wagner v. AbrahamsSouth Dakota Supreme Court · 1919