Clark Implement Co. v. Wadden
South Dakota Supreme Court
Appeal from Circuit Court, Buffalo County. Hon. FRANK B. Smith, Judge. Action by the Clark Implement Company against Mary J. Wadden and another, for leave to redeem from a mortgage foreclosure sale by advertisement, as a subsequent incumbrancer. From a judgment for defendants, and from an order denying a new trial, plaintiff appeals.
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Appeal from Circuit Court, Buffalo County. Hon. FRANK B. Smith, Judge. Action by the Clark Implement Company against Mary J. Wadden and another, for leave to redeem from a mortgage foreclosure sale by advertisement, as a subsequent incumbrancer. From a judgment for defendants, and from an order denying a new trial, plaintiff appeals. (1) Under point one of the opinion, Respondents cited: Blackmore v. Cooper, 106 N. W. 560; Wheeler v. County, 15 N. W. 375; Merrill v. Dioering, 21 N. W. 721; Howard v. Bugbee, 16 U. Ed. (U. S.) 753; Hooker v. Burr, 48 L- Ed. (U. S.) 1046; Pinny v.' Pinny, 4 L.…
1Opinion of the CourtWhiting, J.
Under section 648, C. C. P., as the same read prior to its amendment in the year 1909, after land had been sold upon foreclosure of a real estate mortgage, the holder of the certificate of sale was entitled to a deed, from the sheriff or other officer appointed by the court, at the expiration of one year from the time of sale, in case there had been no redemption, and such • purchaser was not required, as a prerequisite to the taking out of such deed, to give any notice of the expiration of the period of redemption or of his intention to take out such deed. By chapter 78, Laws 1909, said…
2Cases cited8 opinions
- Sturges v. CarterSupreme Court of the United States · 1885
- Curtis v. WhitneySupreme Court of the United States · 1872
- Poole v. Lessee of FleegerSupreme Court of the United States · 1837
- Chicago, Burlington & Quincy Railroad v. State ex rel. City of OmahaNebraska Supreme Court · 1896
- State ex rel. American Savings Union v. WhittleseyWashington Supreme Court · 1897
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3Cited by14 opinions
- State v. PiperSouth Dakota Supreme Court · 2006
- Haas v. Independent School District No. 1South Dakota Supreme Court · 1943
- State Ex Rel. Strenge v. WestlingSouth Dakota Supreme Court · 1964
- State v. PageSouth Dakota Supreme Court · 2006
- Matthews v. LinnSouth Dakota Supreme Court · 1959
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