Fruth v. Bolt
South Dakota Supreme Court
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.
Read the full summary
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
- Fruth v. BoltSouth Dakota Supreme Court · 1916
3Cited by5 opinions
- First Federal Savings & Loan Ass'n of Rapid City v. Clark Investment Co.South Dakota Supreme Court · 1982
- Bankers' Life Company v. HorsfallSouth Dakota Supreme Court · 1925
- Scott v. HetlandSouth Dakota Supreme Court · 1927
- Colton Savings Bank v. OlsonSouth Dakota Supreme Court · 1929
- First Federal Savings & Loan Ass'n of Rapid City v. Clark Investment Co.South Dakota Supreme Court · 1982