Yankton Building & Loan Ass'n v. Dowling
South Dakota Supreme Court
Appeal from circuit' court, Yankton county. Hon. E. G. Smith, Judge. Action to have a warranty deed and two certain contracts declared a mortgage and to foreclose such mortgage. Plaintiff had judgment, from which, and from an order denying their motion for a new trial, defendants appeal. The time for an appeal not having passed, the action was still pending and it was error to admit the judgment in evidence as a former adjudication. Sec. 5343, Comp.
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Appeal from circuit' court, Yankton county. Hon. E. G. Smith, Judge. Action to have a warranty deed and two certain contracts declared a mortgage and to foreclose such mortgage. Plaintiff had judgment, from which, and from an order denying their motion for a new trial, defendants appeal. The time for an appeal not having passed, the action was still pending and it was error to admit the judgment in evidence as a former adjudication. Sec. 5343, Comp. Laws; In re Blythe’s Est., 34 Pac. (Calif.) 108; Haftzger v. Gregg, 33 Id. (Calif.) 757; Fresno Min. Co. v. Fresno County, 46 Id. (Calif.) 412;…
1Opinion of the CourtHaney, J.
This litigation relates to the realty involved in Yankton Building & Loan Ass’n v. Dowling, (decided at the present term) 10 S. D. 535; 74 N. W. 436, to which reference should be had for an outline of the facts presented by both appeals. After the determination of that case in the circuit court, *542plaintiff, adopting the theory contended by for the defendant and held by the court, that the deed from Bordeno to plaintiff, and the contracts between it and Dowling, are in a law a mortgage, began this action to foreclose its lien and recovered judgment, from which, and an order denying a new trial,…
2Cases cited3 opinions
- Mack v. WetzlarCalifornia Supreme Court · 1870
- Swan v. YapleSupreme Court of Iowa · 1872
- Yankton Building & Loan Ass'n v. DowlingSouth Dakota Supreme Court · 1898
3Cited by6 opinions
- Godfrey v. FaustSouth Dakota Supreme Court · 1904
- Wells v. GeyerNorth Dakota Supreme Court · 1903
- Fowler v. Iowa Land Co.South Dakota Supreme Court · 1904
- Godfrey v. FaustSouth Dakota Supreme Court · 1905
- Merager v. MadsonSouth Dakota Supreme Court · 1905
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