Houts v. Hoyne
South Dakota Supreme Court
Appeal from circuit court, Turner county. Hon. E. G. Smith, Judge. Action for an accounting by W. A- Houts against Neis M. Hoyne. From a judgment for defendant, plaintiff appeals.
1Opinion of the CourtCorson, J.
This is an action for an accounting to ascertain the amount due on a certain mortgage upon real property in Turner county, of which property plaintiff claims to be the owner, and of which defendant was in possession, claiming title under a mortgage foreclosure sale. Plaintiff also asks leave to redeem, and upon payment of the amount found due to be restored to the possession of the said property. Plaintiff’s action was instituted and is prosecuted upon the theory that the foreclosure proceedings were not legal, and the sale thereunder void. Defendant, among other things, pleads the statute of…
2Cases cited4 opinions
- Miner v. . BeekmanNew York Court of Appeals · 1872
- Hubbell v. . SibleyNew York Court of Appeals · 1872
- Knowlton v. WalkerWisconsin Supreme Court · 1860
- Waldo v. RiceWisconsin Supreme Court · 1861
3Cited by12 opinions
- Nash v. Northwest Land Co.North Dakota Supreme Court · 1906
- Casey v. SmithSouth Dakota Supreme Court · 1915
- West v. Middlesex Banking Co.South Dakota Supreme Court · 1914
- Froelich v. SwaffordSouth Dakota Supreme Court · 1914
- Houts v. BartleSouth Dakota Supreme Court · 1901
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