Gilfillan v. Schaller
South Dakota Supreme Court
Appeal from Circuit Court, Beadle County. lion. Alva E. Taylor, Judge. Action by Caroline Gilfillan against 'Ralph A. Schaller, to set aside a foreclosure of a mortgage upon realty, adjuding defendant to be a trustee 'for plaintiff as to an interest therein, and for damage for use and occupation. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. “The agreement in question, being oral, is void.”
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Appeal from Circuit Court, Beadle County. lion. Alva E. Taylor, Judge. Action by Caroline Gilfillan against 'Ralph A. Schaller, to set aside a foreclosure of a mortgage upon realty, adjuding defendant to be a trustee 'for plaintiff as to an interest therein, and for damage for use and occupation. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. “The agreement in question, being oral, is void.” The pretended foreclosure of said assigned, mortgage on the property of Mary D. Schaller was- null and void. . The attempted distribution of the real property of…
1Opinion of the CourtWhiting, P. J.
Plaintiff brought this action in October, 1910, and -sought -a decree of the circuit court vacating an-d setting a-side a foreclosure of one certain real estate .mortgage, under which foreclosure defendant -claimed to- have become the owner of a certain quarter section of land -situate in Beadle county,'S. D.; adjudging defendant to be a trustee holding the title in and to a -two-fifteenths undivided interest in such real estate for and on ’behalf o-f plaintiff; and granting a recovery of -damages for the use an-d occupation of said property.
The cause was tried to the -court without a jury,…
2Cases cited6 opinions
- Edwards v. FrySupreme Court of Kansas · 1872
- Phillips v. JonesSupreme Court of Arkansas · 1906
- Jones v. PettigrewSouth Dakota Supreme Court · 1910
- Aurand v. WiltSupreme Court of Pennsylvania · 1848
- Fisher v. MoolickWisconsin Supreme Court · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Malloy v. Chicago, Milwaukee & St. Paul Railway Co.South Dakota Supreme Court · 1914
- Denton v. ButlerSouth Dakota Supreme Court · 1916
- Fehlhafer v. ReinersSouth Dakota Supreme Court · 1916
- Fitzgerald v. City of HuronSouth Dakota Supreme Court · 1924
- State v. CarmelSouth Dakota Supreme Court · 1915
4 more not listed; retrieve them via the Exa API.