Clinton Mining & Mineral Co. v. Trust Co. of North America
South Dakota Supreme Court
Appeal from Circuit Court, Lawrence County. Hon. William G. Rich, Judge. Action by the Clinton Mining & Mineral Company against the Trust Company of North American and others, to> have plaintiff’s judgment decreed a superior lien upon mortgaged property of the Trust Company. From a judgment for defendants, and from an order denying a new trial, Plaintiff appeals. [1] Under point one of the opinion, Appellant cited: Rev. Civ.
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Appeal from Circuit Court, Lawrence County. Hon. William G. Rich, Judge. Action by the Clinton Mining & Mineral Company against the Trust Company of North American and others, to> have plaintiff’s judgment decreed a superior lien upon mortgaged property of the Trust Company. From a judgment for defendants, and from an order denying a new trial, Plaintiff appeals. [1] Under point one of the opinion, Appellant cited: Rev. Civ. Code, Sec. 1616; Farmer’s State Bank v. Kimball Co., i S. D. 388; Widman v. Kellogg, (N. D.) 133 N. W. 1020; 3 Pom. Eq,. Jur., Secs. 1051, 1053; 2 Story Eq. Jur., Sec.…
1Opinion of the CourtSmith, J.
The Clinton Mining & Milling Company, a corporation, and the Imperial Gold Mining Company, a corporation, owned adjacent mining properties in Lawrence county. On the 14th day of September, 1911, the Clinton Mining & Mineral Company recovered -a judgment in the United States Circuit Court against the Imperial Mining' & Milling Company for $14,105.20. This judgment was for the value of ores wrongfully mined and extracted by the defendant from- the property of plaintiff in that action. On the 26th day of April, 1911, the Imperial Gold Mining & Milling Company executed and delivered to the Trust…
2Cases cited29 opinions
- Matter of Cavin v. . GleasonNew York Court of Appeals · 1887
- Holmes v. . GilmanNew York Court of Appeals · 1893
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- Lathrop v. BamptonCalifornia Supreme Court · 1866
- Nonotuck Silk Co. v. FlandersWisconsin Supreme Court · 1894
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3Cited by5 opinions
- Arnold Investment Co. v. Citizens State BankSupreme Court of Kansas · 1916
- Rottger, Rec. v. First-Merchants Natl. BankIndiana Court of Appeals · 1933
- Birch v. International State BankSouth Dakota Supreme Court · 1926
- Board Comr's., San Miguel Co. v. Ppl's Bk. Tst. Co.New Mexico Supreme Court · 1929
- Colteaux v. First Trust & Savings BankSouth Dakota Supreme Court · 1928