Robinson v. Nelson
South Dakota Supreme Court
Appeal from Circuit 'Court, Brown 'County. Hon. Frank Anderson, Judge. Action by 'Grant Robinson, against N. E. Nelson, as Clerk of the Circuit Court of Brown County, S. -D., and J. FI. Suttle, to recover money paid into court during realty foreclosure, as rents and profits, and by clerk of court paid to mortgagee’s assignee. From an order sustaining a demlurrer to the complaint, plaintiff appeals.
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Appeal from Circuit 'Court, Brown 'County. Hon. Frank Anderson, Judge. Action by 'Grant Robinson, against N. E. Nelson, as Clerk of the Circuit Court of Brown County, S. -D., and J. FI. Suttle, to recover money paid into court during realty foreclosure, as rents and profits, and by clerk of court paid to mortgagee’s assignee. From an order sustaining a demlurrer to the complaint, plaintiff appeals. (,i) Under point one of the opinion, Respondents cited: DeBout v. Pense, 31 S. D. 619.
1Opinion of the CourtMcCOY, J.
From an order sustaining a demurrer to the complaint plaintiff appeals. The complaint in substance alleged *283that the defendant Nelson was the clerk of the circuit court; that at all times between the ist day of February, 1910, and the 16th day of December, 1914, the defendants in the hereinafter .mentioned action were the owners of the real estate described in the complaint; that on the 12th day of August, 1913, in a certain action then pending before the circuit court for the foreclosure of a certain mortgage given by said defendants as mortgagors to J. H. Suttle, one of the defendants in…
2Cases cited1 opinion
- First National Bank v. CranmerSouth Dakota Supreme Court · 1920
3Cited by3 opinions
- Duke v. Utica State BankSouth Dakota Supreme Court · 1927
- Robinson v. NelsonSouth Dakota Supreme Court · 1929
- Tabour Realty Co. v. NelsonSouth Dakota Supreme Court · 1921