Heiser v. Rodway

It is abiding law in this state that in a forcible entry and detainer action only the immediate right of possession is involved, Raich v. Weisman, 1931, 58 S.D. 4, 234 N.W. 664. It precludes the defense of usury, Robinson v. McKinney, 1886, 4 Dak. 290, 29 N.W. 658; Northwestern Mortgage Trust Co. v. Bradley, et al., 1897, 9 S.D. 495, 70 N.W. 648. In McManus v. Maloy, 1912, 30 S.D. 373, 138 N.W. 963 and Aegerter v. Hayes, 1929, 55 S.D. 337, 226 N.W. 345, we held that equitable rights of the parties cannot therein be litigated. This is not a position shared by only a few states as the majority…