Carpenter v. Ingalls
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Frank E. Aikens, Judge. Equitable action to foreclose a mortgage. Defendant demurred to complaint. Overruled. Defendant appeals. The facts are stated in the opinion. The holder of the legal title should be made a party to the action to foreclose. Pom. Eem. & Eem. Eights, §§ 330, 334 and 336; 3 Waits, Act. & Def. 417; Valentine v. Euea Nelson, 14 How.
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Appeal from circuit court, Minnehaha county. Hon. Frank E. Aikens, Judge. Equitable action to foreclose a mortgage. Defendant demurred to complaint. Overruled. Defendant appeals. The facts are stated in the opinion. The holder of the legal title should be made a party to the action to foreclose. Pom. Eem. & Eem. Eights, §§ 330, 334 and 336; 3 Waits, Act. & Def. 417; Valentine v. Euea Nelson, 14 How. Pr.. 32; Kay v. Whittaker, 44 N. Y. 572; Watson v. Spence, 20 Wend. 260; Eeed v. Marble, 10 Paige, Ch. 400; Boggs v, Hargrave, 16 Cal. 564; Burton v. Lies, 21 Cal. 91; Insurance Co. v. Brown, 11…
1Opinion of the CourtKellam, P. J.
This was an equitable action to foreclose a mortgage, and was against James L. Ingalls as sole defendant.' The complaint alleges that William H. and Abbie C. Ingalls made á note to plaintiff’s assignor, and to secure its payment made and delivered to him a mortgage upon real estate thereinafter described, and continues with the further usual allegations of a complaint in the foreclosure of a mortgage. Among other things, it is aEeged that the defendant has, or claims to have, some interest in or lien upon the mortgaged premises, and that the same, if any exist, accrued subsequently to the…
2Cases cited5 opinions
- Short v. NoonerSupreme Court of Kansas · 1876
- Hoes v. BoyerIndiana Supreme Court · 1886
- Dexter Horton & Co. v. LongWashington Supreme Court · 1891
- Drury v. ClarkNew York Supreme Court · 1857
- Anthony v. NyeCalifornia Supreme Court · 1866
3Cited by2 opinions
- Matter of Hughes Cty. Action No. Juv 90-3South Dakota Supreme Court · 1990
- Federal Land Bank of Omaha v. FjerestadSouth Dakota Supreme Court · 1939