Legal Opinion

Fruth v. Bolt

South Dakota Supreme Court

Decided October 1, 1917No. File No. 4142PublishedCited by 5 opinions

Appeal from Circuit Court, Meade County. Hon. Levi McGee, Judge. Action 'by Henry Fruth, administrator of estate of William H. Hall, deceased, against Ausna H. Bolt, no-w known and going under name of Anna Cox, and another, for foreclosure of a realty mortgage. From an adverse decree, defendants appeal. (5) To point five of the opinion, Appellants cited: Code Civ.

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Appeal from Circuit Court, Meade County. Hon. Levi McGee, Judge. Action 'by Henry Fruth, administrator of estate of William H. Hall, deceased, against Ausna H. Bolt, no-w known and going under name of Anna Cox, and another, for foreclosure of a realty mortgage. From an adverse decree, defendants appeal. (5) To point five of the opinion, Appellants cited: Code Civ. Proe., (Secs. 410, 411, Subd. 4; 413; 23 Cyc. p. 368, note 57; Decker v. Chelsey, 57 N. H. 163; Bouvier, Daw Dictionary, Vol. 1, p. 752; Lawrence v. Bagley, 3 Mass. 510. Respondent cited: Code Civ. Proc., Secs. 239, 240, 241, 242,…

1Opinion of the CourtPollen, J.

This action is brought for the purpose of foreclosing a mortgage-on a -tract of land in Meade county. Decree of foreclosure was entered by the trial court, and from such decree defendants appeal.

[1,2] In support of their appeal, appellants contend, first, that plaintiff’s complaint -does- not state facts sufficient to constitute a cause of action. To. this contention there are two answers: First, appellants have failed to set forth a copy of said complaint in their printed record, and for that reason the. question is not entitled- to consideration, even if presented in good faith; and,…

2Cases cited1 opinion

  1. Fruth v. BoltSouth Dakota Supreme Court · 1916

3Cited by5 opinions

  1. First Federal Savings & Loan Ass'n of Rapid City v. Clark Investment Co.South Dakota Supreme Court · 1982
  2. Bankers' Life Company v. HorsfallSouth Dakota Supreme Court · 1925
  3. Scott v. HetlandSouth Dakota Supreme Court · 1927
  4. Colton Savings Bank v. OlsonSouth Dakota Supreme Court · 1929
  5. First Federal Savings & Loan Ass'n of Rapid City v. Clark Investment Co.South Dakota Supreme Court · 1982

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