Coughran v. Sundback
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. J. W. Jones, Judge. Action in claim and delivery. From a judgment for plaintiff, and from an order overruling a motion for a new trial, defendant appeals. The facts are stated in the opinion.
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Appeal from circuit court, Minnehaha county. Hon. J. W. Jones, Judge. Action in claim and delivery. From a judgment for plaintiff, and from an order overruling a motion for a new trial, defendant appeals. The facts are stated in the opinion. When an officer, armed with an execution, levies on a part of property incumbered by mortgage, he can compel the mortgagee to exhaust the remainder of the security within his reach on which there are no subsequent liens out of which the mortgaged debt can be made, before holding the property on which a levy has been made. Comp. Laws, §§ 4337, 4655; 1…
1Opinion of the CourtFuller, J.
To recover immediate possession of certain stacks of wheat and oats for the purpose of foreclosing a chattel mortgage thereon, for the reason that plaintiff deemed himself insecure, this action in claim and delivery was brought against a sheriff, who justified the seizure and sale thereof under an execution based upon a judgment existing against the mortgagor, I. N. Griffith, in favor of A. H. Wait for $207.41. The case was sent to a referee, upon whose findings of fact and conclusions of law the court entered judgment against the defendant in plaintiff’s favor for a return of the property or…
2Cases cited9 opinions
- Welch v. SackettWisconsin Supreme Court · 1860
- Cottle v. ColeSupreme Court of Iowa · 1866
- McDonald v. BowmanNebraska Supreme Court · 1894
- Frisbee v. LangworthyWisconsin Supreme Court · 1860
- Rankine v. GreerSupreme Court of Kansas · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Theodore Hamm Brewing Co. v. FlagstadSupreme Court of Iowa · 1918
- Moore v. CalvertSupreme Court of Oklahoma · 1899
- Alferitz v. IngallsU.S. Circuit Court for the District of Nevada · 1897
- Commercial State Bank v. Interstate Elevator Co.South Dakota Supreme Court · 1901
- Robert Burns Lumber Co. v. PetersonSouth Dakota Supreme Court · 1925
3 more not listed; retrieve them via the Exa API.