Schroeder v. Pehling
South Dakota Supreme Court
Appeal from Circuit Court, Spink Count}-. Hon. Charles S. Whiting, Judge. .Action by Louis Schroecler against Henry Pehling. From a judgment in favor of plaintiff, defendant appeals. Under a statute like ours, an execution issued after the statutory period, without revivor, and the pretended sale under it, are void, giving no title to the purchaser. Coward v. Christian, 6 Am.
Read the full summary
Appeal from Circuit Court, Spink Count}-. Hon. Charles S. Whiting, Judge. .Action by Louis Schroecler against Henry Pehling. From a judgment in favor of plaintiff, defendant appeals. Under a statute like ours, an execution issued after the statutory period, without revivor, and the pretended sale under it, are void, giving no title to the purchaser. Coward v. Christian, 6 Am. St. Rep. 533; Halsey v. VanFliet, 27 Kan. 474; Hanson v. Johnson, 20 Minn. 194; Rollins v. McIntyre, 87 Mo. 496. The execution is ‘sued out’ by the party, and it must “be established by the oath of the party, or other…
1Opinion of the CourtButler, P. J.
The only question pesented on this appeal is the sufficiency of the findings of fact to sustain the conclusions of law and judgment awarding respondent possession of 320 acres of Spink county land of which appellant was formerly the owner. The proceedings leading up to the sheriff’s deed, tinder which respondent claims to be the fee-simple owner of the premises, are shown in substance as follows: The Plano Manufacturing Company, a creditor of appellant, obtained a judgment against him in circuit court on the 3d day of August, 1893, for $544.95, and 60 days later the same was duly entered in…
2Cases cited5 opinions
- Moore v. NeilIllinois Supreme Court · 1866
- Neligh v. KeeneNebraska Supreme Court · 1884
- Watson v. TrombleNebraska Supreme Court · 1891
- Cooley v. WilsonSupreme Court of Iowa · 1876
- McDonald v. FullerSouth Dakota Supreme Court · 1898
3Cited by3 opinions
- Casey v. SmithSouth Dakota Supreme Court · 1915
- Hays v. AlwaySouth Dakota Supreme Court · 1917
- Holden v. ByrdSupreme Court of Kansas · 1969