Kirby v. Circuit Court
South Dakota Supreme Court
Original application for certiorari to the circuit court of McCook county. The facts are stated in the opinion. A sale made in this state under a decree of foreclosure of a mortgage is a quasi judicial sale, and no confirmation thereof is necessary, except in compliance with Sec. 5149, Comp. Laws, and Rule 29 of the circuit court. Rorer Jud. Sales, 2nd Ed.. § 591; 12 Am. & Eng. Encyc.
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Original application for certiorari to the circuit court of McCook county. The facts are stated in the opinion. A sale made in this state under a decree of foreclosure of a mortgage is a quasi judicial sale, and no confirmation thereof is necessary, except in compliance with Sec. 5149, Comp. Laws, and Rule 29 of the circuit court. Rorer Jud. Sales, 2nd Ed.. § 591; 12 Am. & Eng. Encyc. Law, 208. The court having made an order confirming the sale, had no power or authority to vacate the same under the showing presented. Rorer Jud. Sales, § 25; Koehler v. Ball, 2 Kan. 160; Comp. Laws, Subd. 2, §…
1Opinion of the CourtCorson, P. J.
On June 3, 1895, a sale of certain real property was made by the sheriff of McCook county under a judgment entered in foreclosure proceedings, in which Joe Kirby was plaintiff and W. H. Ramsey and others were defendants, for the sum of $657. At this sale Joe Kirby bid in the property for $100, andón June 17th the sale was confirthed, and a deficiency judgment against the defendants in said action for $585.25 was entered. On June 24th the circuit court, upon application of said Ramsey and others, made an order vacating and setting aside said sale, and ordering a resale of the mortgaged…
2Cases cited8 opinions
- Cazet v. . HubbellNew York Court of Appeals · 1867
- Hale v. . ClausonNew York Court of Appeals · 1875
- Bonds v. HickmanCalifornia Supreme Court · 1866
- May v. MayNew York Court of Chancery · 1844
- Kirby v. RamseySouth Dakota Supreme Court · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
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- Lamar Outdoor Advertising of South Dakota, Inc. v. City of Rapid CitySouth Dakota Supreme Court · 2007
- Smith v. ReidSouth Dakota Supreme Court · 1932
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