Trenery v. American Mortgage Co.
South Dakota Supreme Court
Appeal from circuit court, Bon Homme county, Hon. E. G. Smith, Judge. Suit by F. A. Trenery against American Mortgage Company and W. A. Walker, defendants, and Margaret J. Spohn, Mary E. Williams, and Elmer Williams, interveners. From a judgment for defendants, plaintiff appeals. The facts are fully set forth in the opinion.
1Opinion of the CourtFuller, J.
A trial of this action, instituted in equity by plaintiff, a junior mortgagee, to annul, upon the ground of fraud and collusion, a mortgage foreclosure had under a power of sale, and to cancel, as invalid, a sheriff’s deed, executed upon such proceedings, resulted in a judgment, based upon findings of fact and conclusions of law, favorable to the American Mortgage Company, and its co-defendant and grantee, W. A. Walker.
The following are some of the facts essential to a determination of questions presented by plaintiff on appeal from the judgment and from an order overruling a motion for a new…
2Cases cited3 opinions
- Power v. LarabeeNorth Dakota Supreme Court · 1894
- Johnson v. DayNorth Dakota Supreme Court · 1891
- Charles Baumbach Co. v. GesslerWisconsin Supreme Court · 1891
3Cited by6 opinions
- Spackman v. GrossSouth Dakota Supreme Court · 1910
- In Re RiceUnited States Bankruptcy Court, D. South Dakota · 1984
- Rist v. HartvigsenSouth Dakota Supreme Court · 1945
- Young v. Union Joint Stock Land BankMichigan Supreme Court · 1934
- Federal Land Bank v. FenskeSouth Dakota Supreme Court · 1940
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