Nelson v. Caspary
South Dakota Supreme Court
Appeal from. -Circuit Court, Tripp County; Hon. N. D. Burch, Judge. Action by Carl M. Nelson against Charles Caspary and E. H. Simons, to set aside a mortgage foreclosure. Judgment for plaintiff, and defendants appeal. Appellant cited: Rfev.
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Appeal from. -Circuit Court, Tripp County; Hon. N. D. Burch, Judge. Action by Carl M. Nelson against Charles Caspary and E. H. Simons, to set aside a mortgage foreclosure. Judgment for plaintiff, and defendants appeal. Appellant cited: Rfev. Code 1919, Sec. 2883,; Rodgers v. Caldwell, 32 N. E. 693; Larzelere v. Starkweather, 38 Mich. 96; Worley v. Naylor, 6 Minn. 192; Webster’s 'Standard Dictionary, “farm”; Anderson’s Law Dictionary; Aldrich v. Caslcill, 10 Cush. 158; Black v. Hill, 32 Ohio. St. 318; State v. Jordan', 17 So. 742-745> 35' 'Fla- Martin v. Cole, 38 Iowa 141-146; In re Drake (U.…
1Opinion of the CourtGates, J.
This is an action to set aside a mortgage foreclosure by advertisement. Findings and judgment were for plaintiff setting aside the sale. Defendants appeal from the judgment and an order denying new trial.
[1, 2] The action was not begun until nearly two months after the sheriff’s deed was issued. Ordinarily an action like this ought to ‘be brought before the time for redemption expires. There are no facts disclosed that would excuse plaintiff’s laches in that behalf. The trial was had and judgment rendered and order denying new trial made prior to the handing down of the opinion in Hagan v.…
2Cases cited2 opinions
- Fienup v. KleinmanSouth Dakota Supreme Court · 1919
- Hagan v. PrattSouth Dakota Supreme Court · 1923
3Cited by3 opinions
- Lockhart v. RudenSouth Dakota Supreme Court · 1933
- James Valley Bank v. NicholasSouth Dakota Supreme Court · 1924
- Conrad v. CarpenterSouth Dakota Supreme Court · 1925