Smith v. Donahoe
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge Action by E. L. Smith against Den Donahoe, as sheriff of Minnehaha county. From a judgment in favor of plaintiff, defendant appeals. Tbe facts are stated .in the opinion. Any surplus remaining of the purchase price received at a chattel mortgage foreclosure sale belongs to and is held by the party making the sale in trust for the mortgagor.
Read the full summary
Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge Action by E. L. Smith against Den Donahoe, as sheriff of Minnehaha county. From a judgment in favor of plaintiff, defendant appeals. Tbe facts are stated .in the opinion. Any surplus remaining of the purchase price received at a chattel mortgage foreclosure sale belongs to and is held by the party making the sale in trust for the mortgagor. Jones on Chattel Mortgages, §§ 712, 817; Cobbey on Chattel Mortgages, § 984. If the holder of a second mortgage permits a foreclosure sale on the first mortgage, he has no right to…
1Opinion of the CourtCorson, J.
This is an action by the plaintiff to recover of fhe defendant, as sheriff of Minnehaha county, damages for aji *336alleged conversion, by the defendant of the sum of $151.33, the surplus remaining in his hands on the sale of certain chattel mortgage property under foreclosure by advertisement. Judgment for the plaintiff, and the defendant appeals. The trial was had to the court with a jury. Before the introduction of any evidence.on the part of the plaintiff, the defendant objected to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The…
2Cited by6 opinions
- First National Bank v. SimanSouth Dakota Supreme Court · 1937
- Johnson v. National Sugar Manufacturing Co.Supreme Court of Colorado · 1931
- Central Finance Corp. v. Norton-Morgan Commercial Co.Arizona Supreme Court · 1922
- Cresbard Grain Co. v. FarnhamSouth Dakota Supreme Court · 1932
- Christiansen v. United National Bank of VermillionSouth Dakota Supreme Court · 1970
1 more not listed; retrieve them via the Exa API.