Brown v. Brown
South Dakota Supreme Court
Appeal from circuit court, Campbell county. Hon. Loring E. Gaffy, Judge. Action by R. A. Brown against James M. Brown and John Alexander to foreclose a real estate mortgage. From a judgment for plaintiff, defendants appeal.
1Opinion of the CourtFuller, P. J.
This appeal is from an order overruling a motion to vacate and set aside a decree entered in plaintiffs favor, and against the defendants, in an action to foreclose a real-estate mortgage, in which ail the facts were agreed upon, and presented to the court by stipulation, and the ground re*507lied upon is that no findings of fact were either made, served, or waived. The decree recites that the case is decided upon the question of merger, raised by the pleadings, the facts with reference to which are submitted by stipulation. So far as disclosed by the record on appeal, nothing was offered by…
2Cases cited10 opinions
- Gregory v. GregoryCalifornia Supreme Court · 1894
- Saltonstall v. RussellSupreme Court of the United States · 1894
- Roblin v. PalmerSouth Dakota Supreme Court · 1896
- City of Owensboro v. WeirCourt of Appeals of Kentucky · 1893
- Rogers v. DuffCalifornia Supreme Court · 1892
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3Cited by4 opinions
- Young Men's Christian Ass'n v. RitterSupreme Court of Kansas · 1913
- State v. Western Surety Co.South Dakota Supreme Court · 1910
- Cable Co. v. RathgeberSouth Dakota Supreme Court · 1907
- Slettebak v. SlettebakSouth Dakota Supreme Court · 1924