Blanchette v. Farsch
South Dakota Supreme Court
Appeal from circuit court, Jerauld county; Hon. Frank B. Smith, Judge. Action by Absalom Blanchette against Catharina Farsch and others. From a judgment for plafintiff, defendant Stakke appeals. A creditor who can resort to two funds will be required, as against another creditor who can resort to but one of them, to exhaust the fund upon which he has an exclusive lien, and can only resort to the other for the deficiency. Security Inves. Co. v. Richmond Nat’l.
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Appeal from circuit court, Jerauld county; Hon. Frank B. Smith, Judge. Action by Absalom Blanchette against Catharina Farsch and others. From a judgment for plafintiff, defendant Stakke appeals. A creditor who can resort to two funds will be required, as against another creditor who can resort to but one of them, to exhaust the fund upon which he has an exclusive lien, and can only resort to the other for the deficiency. Security Inves. Co. v. Richmond Nat’l. Bank, 49 Pac. 521; Paddock-Hawley Iron Co. v. McDonald, 61 Mo. App. 559; Equitable Mortgage Co. v. Lowe, 58 Hans. 39; Kendig v. Landis,…
1Opinion of the CourtFuller, J.
Plaintiff obtained judgment in this action to foreclose a mortgage on real property, and the defendant Stakke, who alone defended, has appealed therefrom, and from an order overruling a motion for a new trial.
The facts are that the defendant Catharina Farsch, for the purpose of securing the payment of a $1,000 loan negotiated on the 21st day óf August, 1889, concurrently executed and delivered to the Des Moines Loan & Trust Company the mortgage', which originally covered 320 acres of land, correctly described as “the northeast quarter of section two (2), and the northeast quarter of section…
2Cases cited4 opinions
- McArthur v. MartinSupreme Court of Minnesota · 1876
- Kelley v. WhitneyWisconsin Supreme Court · 1878
- Groesbeck v. MattisonSupreme Court of Minnesota · 1890
- McIlvain v. Mutual Assurance Co.Supreme Court of Pennsylvania · 1880
3Cited by1 opinion
- Coyle v. Des Moines Gately's, Inc.Supreme Court of Iowa · 1941