Hulsether v. Peters
South Dakota Supreme Court
Appeal fom Circuit Court, Lyman Oounity. Hon. William Williamson, Judge. Action by H. A. Hul'sether, against John W. Peter© and others, to /foreclose a realty mortgage. Prom ia judgment for plaintiff ,and from an order denying a new trial, defendants appeal.
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Appeal fom Circuit Court, Lyman Oounity. Hon. William Williamson, Judge. Action by H. A. Hul'sether, against John W. Peter© and others, to /foreclose a realty mortgage. Prom ia judgment for plaintiff ,and from an order denying a new trial, defendants appeal. (3) To point three of the opinion, Appellants oited: Orfsby v. Johnson, 24 S. D. 494, 124 S. W. 436; Guthrie v. Field, L. R. A. (U. S.) 326 (Ran.) -and oases in note; McClearey v. Wakefield, 2 L. R. A. 529. Respondent cited': Lund1 v. Thackery, 18, S-. D., 113/ Upton v. Archer, 4 Cal, 85. (5) To point five of the opinion, Appellant cited:…
1Opinion of the CourtPolley, J.
This action wias Commenced to foreclose a mortgage on a quarter section of land in Lymian county. ' Findings of fact and conclusions of law were in favtor of plaintiff, and decree of. foreclosure entered -accordingly. Defendants assign Hie insufficiency of the evidence toi support the findings- of fact, and appeal to this court.
After a careful examination of the evidence, we are satisfied that tbe findings are not against .the weight of 'the evidence, and they -should not be disturbed.
[1] The facts that are material to a determination of the *425questions involved, are as . follows: Defendant…
2Cases cited3 opinions
- Chase v. PalmerIllinois Supreme Court · 1862
- Lund v. ThackerySouth Dakota Supreme Court · 1904
- Collins v. Lyman CountySouth Dakota Supreme Court · 1912
3Cited by1 opinion
- Stalting v. StaltingSouth Dakota Supreme Court · 1927