Legal Opinion

Stocker v. Puckett

South Dakota Supreme Court

Decided July 22, 1903PublishedCited by 2 opinions

Appeal from circuit court, McPherson county. Hon. Loring E. Gappy, Judge. Action by John Stocker against Benjamin F. Puckett. Judgment for plaintiff. Defendant appeals.

1Opinion of the CourtFuller, J.

This action in equity to quiet title to real property described in the complaint terminated below in a judgment for plaintiff, and the defendant appeals.

Respondent’s motion to dismiss the appeal is denied upon its merits, and for the reason that the grounds relied upon are not sufficiently substantiated by the affidavits and record properly before us. The averments of appellant’s answer and the admissions of respondent concerning certain redemptions by a judgment creditor from the concurrent foreclosure of two mortgages on the property, by virtue of powers of sale regularly pursued, eliminate…

2Cases cited3 opinions

  1. Rudolph v. HermanSouth Dakota Supreme Court · 1893
  2. State ex rel. Brooks Bros. v. O'ConnorNorth Dakota Supreme Court · 1896
  3. Trenery v. American Mortgage Co.South Dakota Supreme Court · 1899

3Cited by2 opinions

  1. Rist v. AndersenSouth Dakota Supreme Court · 1945
  2. Rist v. HartvigsenSouth Dakota Supreme Court · 1945

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