Sherman v. Wichner
South Dakota Supreme Court
Appeal from Circuit Court, Tripp County. Hon. Wiuliam Wiujamson, Judge. Action by Henry G. Sherman against Emil H. Wichner and others, to foreclose a mortgage. From a judgment for plaintiff, defendant Mart Coffman appeals-. (i) Under point one of the opinion, Appellant cited: Code Civ.
Read the full summary
Appeal from Circuit Court, Tripp County. Hon. Wiuliam Wiujamson, Judge. Action by Henry G. Sherman against Emil H. Wichner and others, to foreclose a mortgage. From a judgment for plaintiff, defendant Mart Coffman appeals-. (i) Under point one of the opinion, Appellant cited: Code Civ. Proc., Sec. 227; Roberts v. Parker, 14 S. D. 323, 85 N. W. 591. (3) Under point three of the opinion, Appellant cited: Bank of Woodland v. Stephens et al., 144 Cal. 659, 79 Pac. 379- ' _ ■ _ Respondent submitted that: There is sufficient allegation in the complaint to show that the mortgaged property was in…
1Opinion of the CourtSmith, J.
Action in circuit court, Tripp county, to- foreclose a mortgage on certain real property known as the Sherman Hotel, in the town of Colome. The complaint contained the .usual and sufficient allegations of the execution and delivery of the mortgage, and default in its conditions- prior to the commencement of the action; also that the mortgaged premises were rented to tenants at a rental of $75 per month, and—
“that the value of the said mortgaged premises is probably insufficient to pay the amount of the mortgage indebtedness, besides accrued taxes and necessary insurance, besides costs of the…
2Cases cited6 opinions
- Elwood v. First National BankSupreme Court of Kansas · 1889
- Bank of Woodland v. StephensCalifornia Supreme Court · 1904
- Werborn's Adm'r v. KahnSupreme Court of Alabama · 1890
- Hancock v. American Bonding & Trust Co.Appellate Court of Illinois · 1900
- Roberts v. ParkerSouth Dakota Supreme Court · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hanson v. SognSouth Dakota Supreme Court · 1926
- First National Bank v. CranmerSouth Dakota Supreme Court · 1920
- Knudson v. PowersSouth Dakota Supreme Court · 1930
- Alma Group, L.L.C. v. WeissSouth Dakota Supreme Court · 2000
- Grieve v. HuberWyoming Supreme Court · 1928
2 more not listed; retrieve them via the Exa API.