Froelich v. Swafford
South Dakota Supreme Court
Appeal from Circuit Court, Kingsbury County. Hon. Ai,va E. Taylor, Judge. A-cti-on -by G. W. Froeli-ch -against C. G. Swafford- an-d others, for foreclosure o-f -a junior mortgage -and to redeem from a senior mortgage. From, -a decree for defendants, and from an order denying -a new trial, plaintiff appeals.
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Appeal from Circuit Court, Kingsbury County. Hon. Ai,va E. Taylor, Judge. A-cti-on -by G. W. Froeli-ch -against C. G. Swafford- an-d others, for foreclosure o-f -a junior mortgage -and to redeem from a senior mortgage. From, -a decree for defendants, and from an order denying -a new trial, plaintiff appeals. The Showalter mortgage foreclosure proceeding was an absolute nullity, so far as the plaintiff is concerned, because neither the plaintiff nor his assignor an-d co-owner -of -the -debt -an-d junior mortgage, upon which this suit -i-s based, were made parties to it, nor were they privies…
1Opinion of the CourtSmith, J.
In the view we take of this case, the facts essential -to 'the determination oif the appeal may be briefly stated. On February i, 1888, Edward 'Galkins and his wife executed a mortgage upon a quarter section of land in Kingsbury County, to the .Showalter Mortgage 'Company, securing an indebtedness of $575, which was recorded March 5, 1888, and was payable February, 1893. This mortgage was assigned to one Blaisdell, February 9, 1891, and the assignment recorded February 17, 1891. On May 15, 1891, the original mortgage was recorded in the register of -deeds office, (together with an assignment…
2Cases cited26 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Wood v. . ChapinNew York Court of Appeals · 1856
- Lux v. HagginCalifornia Supreme Court · 1886
- McDonald v. MillerTexas Supreme Court · 1897
- Hall v. ArnottCalifornia Supreme Court · 1889
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3Cited by7 opinions
- Caro v. WollenbergOregon Supreme Court · 1917
- Froelich v. SwaffordSouth Dakota Supreme Court · 1914
- Raymond v. BarnardSouth Dakota Supreme Court · 1947
- Rist v. HartvigsenSouth Dakota Supreme Court · 1945
- Fastenau v. AsherSupreme Court of Colorado · 1951
2 more not listed; retrieve them via the Exa API.