Hollister v. Buchanan
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. J. W. Jones, Judge. Action by W. C. Hollister against Agnes C. Buchanan to recover upon a promissory note. From a judgment for appellant, plaintiff appeals. The facts are stated in the opinion.
1Opinion of the CourtFuller, J.
In this action, bo recover on a $351 promissory note a deficiency remaining after the foreclosure of a mortgage given to secure the same, judgment was entered uppon a verdict in favor of the defendant. A motion for a new trial was thereafter made and overruled, and plaintiff, with all rights preserved, appeals to this court. From the uncontroverted record and averments of the complaint we learn that on the 21st day of March, 1894, respondent and her husband, since deceased, executed and delivered to appellant’s assignor the note in suit, securing the same by a first mortgage on certain real…
2Cases cited3 opinions
- Stacy v. SmithSouth Dakota Supreme Court · 1896
- State ex rel. Kunz v. CampbellSouth Dakota Supreme Court · 1894
- Northwestern Mortgage Trust Co. v. BradleySouth Dakota Supreme Court · 1897
3Cited by3 opinions
- Federal Farm Mortgage Corp. v. NoelSouth Dakota Supreme Court · 1939
- Todd v. WinkelmanSouth Dakota Supreme Court · 1982
- Aluminum Cooking Utensil Co. v. RoheNorth Dakota Supreme Court · 1919