Legal Opinion

Sherman v. Harrisburg Loan Co.

South Dakota Supreme Court

Decided July 2, 1923No. File No. 5240PublishedCited by 5 opinions

1Opinion of the CourtGateis, J.

This is an appeal by' the' owner of mortgaged real property from an order appointing a receiver made under the provisions of subdivision 2, § 2475, Rev. Code 1919, which provides that a receiver may be appointed:

“In an action by a mortgagee for the foreclosure of his mortgage and sale of the mortgaged property where it appears that the mortgaged property is in danger of being lost, removed or materially injured, or that the conditions of the mortgage have! not been performed, and that the -property is probably insufficient to discharge the mortgage debt.”

The application -by the mortgagee…

2Cases cited4 opinions

  1. Rudolph v. HermanSouth Dakota Supreme Court · 1893
  2. Siems v. Pierre Savings BankSouth Dakota Supreme Court · 1895
  3. Roberts v. ParkerSouth Dakota Supreme Court · 1901
  4. Kettering v. BarberSouth Dakota Supreme Court · 1916

3Cited by5 opinions

  1. Farm Mortgage Loan Co. v. PettetNorth Dakota Supreme Court · 1924
  2. Hanson v. SognSouth Dakota Supreme Court · 1926
  3. Knudson v. PowersSouth Dakota Supreme Court · 1930
  4. Grieve v. HuberWyoming Supreme Court · 1928
  5. Axtell v. American Live Stock InsuranceSouth Dakota Supreme Court · 1923

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