Northwestern Loan & Banking Co. v. Jonasen
South Dakota Supreme Court
Appeal from circuit court, Moody county. Hon. Joseph W. Jones, Jndge. This case was determined by this oourt in an opinion: filed June 26, 1899 found in 11 S. D. 566; 79 N. W. 840 in which opinion the judgment of the trial court in favor of defendants was reversed.
1Opinion of the CourtCorson, J.
This case comes before us on a petition for rehearing. It was decided at a former term of this court, and is reported in 11 S. D. 566; 79 N. W. 840. The petition for rehearing is based upon the ground that this court assumed in its opinion facts which are not in the record, in that it says; “That the statutory notice to quit was given, and that respond ents remained in possession after the execution and delivery of the deed to appellant based upon regular mortgage foreclosure proceedings and under power of sale, appears upon the face of the records. The respondents contend that this statement…
2Cases cited1 opinion
- Northwestern Loan & Banking Co. v. JonasenSouth Dakota Supreme Court · 1899
3Cited by3 opinions
- McLain v. NurnbergNorth Dakota Supreme Court · 1907
- Rowenhorst v. JohnsonSouth Dakota Supreme Court · 1925
- State Ex Rel. South Dakota Game & Fish Commission v. O'NeillSouth Dakota Supreme Court · 1934