Ponca State Bank v. Adebar
South Dakota Supreme Court
Appeal from Circuit Court, Jerauld County. Hon. Frank B. Smiti-i, Judge. Action by the Ponca State Bank against Adolph FI. Adebar and' others to foreclose a realty mortgage.
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Appeal from Circuit Court, Jerauld County. Hon. Frank B. Smiti-i, Judge. Action by the Ponca State Bank against Adolph FI. Adebar and' others to foreclose a realty mortgage. From a judgment for plaintiff,, and from an order denying a new trial, defendants appeal. '(i) Under point one of the opinion, Appellants cited: Work Bros. v. Braun, 19 S. D. 437, affirmed on rehearing in 23 S. D. 582, 5 L,. R. A. Note pp. 282-3. Respondent submitted that: D. J. Donahoe is entitled to an execution upon the quarter sections of land described in the decree of court, in his case, to sell al-1 the land…
1Opinion of the CourtPolley, J.
This cause is here on appeal from a decree of foreclosure of a real estate mortgage, and, in addition to the matters presented by the printed record upon appeal, there is also before the court at this time the application of the defendants FI. A. Adebar and Gustave'Adebar, for leave to file a supplemental answer.
[1] In their proposed supplemental 'answer, which is submitted with their application, said defendants allege that, during the month of August, 1910, defendant FI. A. Adebar executed and delivered to one D. J. Donahoe a mortgage on the N. E. % of section 25 and the N. W. %. of section…
2Cases cited7 opinions
- Sprague v. MartinSupreme Court of Minnesota · 1882
- State ex rel. Broderick v. District CourtSupreme Court of Minnesota · 1903
- Work v. BraunSouth Dakota Supreme Court · 1905
- Advance Thresher Co. v. RockafellowSouth Dakota Supreme Court · 1903
- Drought v. CurtissNew York Supreme Court · 1853
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3Cited by2 opinions
- Muller v. HarrisonSouth Dakota Supreme Court · 1923
- Mitchell v. MorganSouth Dakota Supreme Court · 1921