Legal Opinion

First National Bank v. Cranmer

South Dakota Supreme Court

Decided January 5, 1920No. File No. 4622PublishedCited by 14 opinions

Appeal from Circuit Court, Brown. County, Hon. Thomas E. Boucic, Judge. Action by the First National Bank of Aberdeen, a corporation, against Emma A. and S\ H. Cranmer, for foreclosure of a realty mortgage; a receiver having been appointed Pendente lite, to collect and disburse rents and profits.

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Appeal from Circuit Court, Brown. County, Hon. Thomas E. Boucic, Judge. Action by the First National Bank of Aberdeen, a corporation, against Emma A. and S\ H. Cranmer, for foreclosure of a realty mortgage; a receiver having been appointed Pendente lite, to collect and disburse rents and profits. After judgment for plaintiff and upon subsequent report of the receiver, trial court, upon finding of fact and conclusions of law, rendered judgment in the receivership matter, from which latter judgment, and from ah order denying" a new trial, defendants appeal. (2) To point two of the opinion,…

1Opinion of the CourtWhiting, J.

In an action brought by the plaintiff against the Cranmers and others, wherein plaintiff sought the foreclosure of a real estate mortgage given it by the Cranmers, one Gannon was appointed as receiver, both -pendente lite and *407until deed upon foreclosure issued, with authority to preserve the property and collect the rentals therefrom. .He collected large sums of money from the rentals. At the time of the rendition of the judgment of foreclosure, the receiver made a report to the court, reporting rentals collected, moneys paid for taxes and repairs, and the balance on hand. Of this report the…

2Cases cited6 opinions

  1. Marshall & Ilsley Bank v. CadySupreme Court of Minnesota · 1899
  2. Rudolph v. HermanSouth Dakota Supreme Court · 1893
  3. Siems v. Pierre Savings BankSouth Dakota Supreme Court · 1895
  4. Roberts v. ParkerSouth Dakota Supreme Court · 1901
  5. Kettering v. BarberSouth Dakota Supreme Court · 1916

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Gridley v. EngelhartSouth Dakota Supreme Court · 1982
  2. St. John's First Lutheran Church v. StorsteenSouth Dakota Supreme Court · 1957
  3. Farm Mortgage Loan Co. v. PettetNorth Dakota Supreme Court · 1924
  4. Knudson v. PowersSouth Dakota Supreme Court · 1930
  5. Alma Group, L.L.C. v. WeissSouth Dakota Supreme Court · 2000

9 more not listed; retrieve them via the Exa API.

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