Fienup v. Kleinman
South Dakota Supreme Court
Appeal from Circuit Court, Pennington County. Hon. James McNenny, Judge. Action by Gustav Fienup, against A. B. Kleinman and Clyde M. Cessna as Sheriff of P’ennington County, to set aside a mortgage foreclosure sale of realty. From a judgment for defendants, and from an order denying a new trial,' plaintiff appeals.
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Appeal from Circuit Court, Pennington County. Hon. James McNenny, Judge. Action by Gustav Fienup, against A. B. Kleinman and Clyde M. Cessna as Sheriff of P’ennington County, to set aside a mortgage foreclosure sale of realty. From a judgment for defendants, and from an order denying a new trial,' plaintiff appeals. Appellant cited: Power v. Laraber (N. D.), 57 N. W. 79; Brown v. Frisbie, et al 51 Cal. 553; Hibernia Sav. & L. Society v. Benke, 121 Cal. 341, 53 Pac. 8x2; Connick v. Hill, 127 Cal. 164, 59. Pac. 832; Jones on Mortgages Vol. 3 pp. 214 (7th Ed.) ; First Nat. Bank Deadwood v. B. H.…
1Opinion of the CourtPolley, J.
The sheriff of Pennington county sold a quantity of land, under an execution issued on a decree of foreclosure of a mortgage. The land consisted of four separate tracts, or parcels, but was sold in a mass as a single tract. Plaintiff brought this action, within the period of redemption, for the purpose of having the sale set aside. Section 369, Code of Civil Procedure (section 2676, Code. 1919), provides that separate tracts, or parcels, of land must be sold separately. This provision of law was enacted for the benefit of judgment debtors whose property has been sold on execution, in order…
2Cases cited7 opinions
- Power v. LarabeeNorth Dakota Supreme Court · 1894
- First National Bank v. Black Hills Fair Ass'nSouth Dakota Supreme Court · 1891
- Bailey v. HendricksonNorth Dakota Supreme Court · 1913
- Marston v. WhiteCalifornia Supreme Court · 1891
- Anglo-Californian Bank, Ltd. v. CerfCalifornia Supreme Court · 1904
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3Cited by5 opinions
- Larson v. ThomasSouth Dakota Supreme Court · 1927
- Michael v. GradyNorth Dakota Supreme Court · 1925
- Furman v. AndersonSouth Dakota Supreme Court · 1933
- Lockhart v. RudenSouth Dakota Supreme Court · 1933
- Nelson v. CasparySouth Dakota Supreme Court · 1923