Legal Opinion

Siems v. Pierre Savings Bank

South Dakota Supreme Court

Decided August 24, 1895PublishedCited by 14 opinions

Appeal from circuit court, Hughes county. Hon. Boring E. Gaeey, Judge. Action to recover money received for rents during year of redemption. From a judgment for plaintiff, defendant appeals. The facts are stated in the opinion. The rents and profits of property belong during the redemption period, to the purchaser at a foreclosure sale.

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Appeal from circuit court, Hughes county. Hon. Boring E. Gaeey, Judge. Action to recover money received for rents during year of redemption. From a judgment for plaintiff, defendant appeals. The facts are stated in the opinion. The rents and profits of property belong during the redemption period, to the purchaser at a foreclosure sale. Guy v. Middleton, 5 Oal. 392; Reynolds v. Yathrop, 7 la. 43; Harris v. Reynolds, 13 la. 515; Walker v. McOusker, 15 Pac. 723; Clement v. Shipley, 51 N. W. 414. When two claimants for the same service apply for payment to the party bound to pay for the same,…

1Opinion of the CourtKellam, J.

Siems, the respondent, was the owner of real estate in Pierre, upon which the appellant bank held, a mortgage with power of sale, The mortgage was regularly foreclosed by advertisement, appellant becoming the purchaser. Subsequently to the purchase, the bank, upon the theory that as such purchaser it was entitled to the rents during the redemption year, under section 5159, Comp. Laws, leased the premises and collected the rents. The bank refusing to pay over to respondent the rents so collected and received by it, he brings this action to recover the same. From a judgment in favor of…

2Cases cited4 opinions

  1. Roberts v. . ElyNew York Court of Appeals · 1889
  2. Patrick v. . MetcalfNew York Court of Appeals · 1867
  3. Rudolph v. HermanSouth Dakota Supreme Court · 1893
  4. Long Island Rail Road v. Northville Industries Corp.New York Court of Appeals · 1977

3Cited by14 opinions

  1. Heywood v. Northern Assurance Co.Supreme Court of Minnesota · 1916
  2. Dorman v. Crooks State BankSouth Dakota Supreme Court · 1929
  3. First National Bank v. CranmerSouth Dakota Supreme Court · 1920
  4. Bates v. Capital State BankIdaho Supreme Court · 1910
  5. Anderson v. DunnSouth Dakota Supreme Court · 1942

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