Hollister v. Donahoe
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Mandamus to compel the issuing of a sheriff’s deed. Judgment for defendant, and plaintiff appeals. The facts are stated in the opinion. The act of 1898 cannot be applied to this contract, because to do so would be to impair its obligation and violate the constitution of the United States.
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Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Mandamus to compel the issuing of a sheriff’s deed. Judgment for defendant, and plaintiff appeals. The facts are stated in the opinion. The act of 1898 cannot be applied to this contract, because to do so would be to impair its obligation and violate the constitution of the United States. Greenwood v. Butler (Kan.), 23 L. R. A. 4(55; Bernitz v. Beverly, 163 U. S. 118; Louisiana v. New Orleans, 101 Jet. 203; United States v. Quincy, 71 Id. 535. However, there is no language in the statute which shows an intention on the…
1Opinion of the CourtHaney, J.
Plaintiff owned certain promissory notes, secured by a real-estate mortgage executed June 1, 1893. In an action instituted to collect the debt and foreclose the mortgage, judgment was rendered April 11, 1896. The mortgaged premises were sold June 22, 1896, and purchased by the plaint*499iff to whom a proper certificate of sale was issued. Subsequently the sale was confirmed, and on June 23, 1897, the plaintiff, who owned and held the certificate of sale, demanded of defendant a sheriff’s deed, which was refused, on the ground that the successor in interest to the mortgagors had complied with the…
2Cases cited1 opinion
- Barnitz v. BeverlySupreme Court of the United States · 1896
3Cited by8 opinions
- E. J. Lander & Co. v. DeemyNorth Dakota Supreme Court · 1920
- First National Bank of Turtle Lake v. Bovey, Shute & Jackson, Inc.North Dakota Supreme Court · 1922
- State Ex Rel. Northwestern Mutual Life Insurance v. Circuit Court of the Second Judicial CircuitSouth Dakota Supreme Court · 1933
- Hollister v. DonahoeSouth Dakota Supreme Court · 1902
- Johnson v. Dakota National BankSouth Dakota Supreme Court · 1926
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