Hardin v. Kelley
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of South Dakota. This case involves the validity of a judgment obtained by Kelley against the mining company and llio right of Hardin, an attaching creditor, to redeem from an execution sale.
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Appeal from the Circuit Court of the United States for the District of South Dakota. This case involves the validity of a judgment obtained by Kelley against the mining company and llio right of Hardin, an attaching creditor, to redeem from an execution sale. In February, 1901, the property of the mining company was sold under an execution on a judgment obtained in a state court in Lawrence county, S. D., and the certificate of sale was thereafter assigned to Kelley who a iso discharged certain liens upon the property. In November of the same year, Hardin, in an action against the company,…
1Opinion of the CourtHook, Circuit Judge
There are two separate provisions for redemption in the laws or South Dakota. In one it is provided that property sold subject to redemption may be redeemed by (1) the judgment debtor or his successor in interest, and (2) a creditor having a lien by judgment or mortgage on the property sold. Comp. Laws Dak. 1887, § 5150. When he attempted to redeem, Hardin was a mere attaching creditor who had not reduced his claim to judgment, and as such he had no right of redemption under the foregoing provision. The judgment: afterwards obtained by him did not relate back so as to give him a right of…
2Cases cited6 opinions
- Parker v. DacresSupreme Court of the United States · 1889
- MacGregor v. PierceSouth Dakota Supreme Court · 1903
- Abadie v. LoberoCalifornia Supreme Court · 1868
- Wood v. ConradSouth Dakota Supreme Court · 1892
- Swain v. Stockton Savings & Loan SocietyCalifornia Supreme Court · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Vidal v. South American Securities Co.Court of Appeals for the Second Circuit · 1921
- In Re NelsonDistrict Court, D. South Dakota · 1935