Legal Opinion

Stacy v. Smith

South Dakota Supreme Court

Decided July 29, 1896PublishedCited by 14 opinions

Appeal from circuit court, Sully county. Hon. Loring E. Gaffy, Judge. Action to foreclose a mortgage and , to cancel certain certificates of sale made on foreclosure by advertisement. Plaintiff had judgment, and from such judgment and an order denying a new trial, defendants appeal. The facts are stated in the opinion.

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Appeal from circuit court, Sully county. Hon. Loring E. Gaffy, Judge. Action to foreclose a mortgage and , to cancel certain certificates of sale made on foreclosure by advertisement. Plaintiff had judgment, and from such judgment and an order denying a new trial, defendants appeal. The facts are stated in the opinion. While inadequacy of price alone is not deemed a sufficient ground for setting aside a sale where everything else is straightforward, yet where it is so gross as to be evidence of actual fraud, and where the inequality is so great and manifest as to shock the conscience and…

1Opinion of the CourtCorson, P. J.

This was an action to foreclose a mortgage, and to cancel two certificates of sale made on a foreclosure by advertisement. Judgment was rendered for the plaintiff, and from the judgment and order denying a new trial the defendants appeal.

The facts, briefly stated, are that defendants Haskins and wife executed a note and mortgage to one C. A. Kibbling, bear*139ing date October 30, 1885. The mortgage was upon land in Sully county and contained the usual power of sale on default in the payment of the note. In 1886 this note and mortgage were transferred to the plaintiff, who was a resident of the…

2Cases cited4 opinions

  1. King v. . PlattNew York Court of Appeals · 1867
  2. May v. MayNew York Court of Chancery · 1844
  3. Billington v. ForbesNew York Court of Chancery · 1843
  4. Mulks v. AllenNew York Supreme Court · 1834

3Cited by14 opinions

  1. Hedlin v. LeeNorth Dakota Supreme Court · 1911
  2. Lipsey v. CrosserSouth Dakota Supreme Court · 1934
  3. Kinkaid v. RossaSouth Dakota Supreme Court · 1913
  4. Rist v. HartvigsenSouth Dakota Supreme Court · 1945
  5. Loomis v. StoddardSouth Dakota Supreme Court · 1919

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