First National Bank v. Black Hills Fair Ass'n
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Motion to set aside and vacate a levy and sale under an execution issued upon a judgment entered upon a default. Motion overruled. Defendant appeals. The facts are stated in the opinion.
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Appeal from circuit court, Lawrence county. Motion to set aside and vacate a levy and sale under an execution issued upon a judgment entered upon a default. Motion overruled. Defendant appeals. The facts are stated in the opinion. As the sale in this case was unconfirmed at the time the motion to vacate was made, that was the only step which the defendant could take to cure the irregularities. • A conveyance made under a chancery or probate sale, in the absence of an order confirming such sale, is void. This rule is equally applicable to a conveyance made under an unconfirmed execution sale…
1Opinion of the CourtBennett, J.
The plaintiff recovered a judgment against *148the defendant upon default, and on the judgment an execution was issued. The sheriff, without indorsing upon the execution, “No personal property found,” and without any levy made upon the personal property of the defendant, levied upon certain real estate, the property of the defendant, and sold it'. This consisted of the S.E.-j,- of the S.W.i of section 18, upon which are the race track, which is inclosed, grand stand, exhibition rooms, band stand, stables, and fences of defendant; and the E.-J- of the N.W.i, and lots 1 and 2, in section 19,…
2Cases cited2 opinions
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3Cited by16 opinions
- Power v. LarabeeNorth Dakota Supreme Court · 1894
- Burton v. KippMontana Supreme Court · 1904
- Kirby v. RamseySouth Dakota Supreme Court · 1896
- Kinkaid v. RossaSouth Dakota Supreme Court · 1913
- Northwestern Mortgage Trust Co. v. BradleySouth Dakota Supreme Court · 1897
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