Lumley v. Miller
South Dakota Supreme Court
Appeal from Circuit Court, Sully County. Hon. Lortng E. GaRRy, Judge. Action by George Lumley and others against Ira Miller and another. From a judgment for plaintiffs and from an order denying a new trial, defendants appeal. A pledgee may sell or assign either the property or his interest in it 'to a bona fide purchaser, who will be allowed to hold the property until extinguishment'of the original obligation.
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Appeal from Circuit Court, Sully County. Hon. Lortng E. GaRRy, Judge. Action by George Lumley and others against Ira Miller and another. From a judgment for plaintiffs and from an order denying a new trial, defendants appeal. A pledgee may sell or assign either the property or his interest in it 'to a bona fide purchaser, who will be allowed to hold the property until extinguishment'of the original obligation. The purchaser under such circumstances succeeds to the rights of the original pledgee. If one purchases what he believes to be the absolute title, he should not for his mistake he…
1Opinion of the CourtCorson, J.
This is an action in claim and delivery, and, the judgment being in favor of the plaintiffs, the defendants have appealed.
In an additional abstract presented to this court by the plaintiffs and respondents, it is suggested that there is no bill of exceptions in this case for the reason that there is no indorsement on the purported bill of exceptions, that the same was filed in the office of the circuit court as a bill of exceptions; but no motion appears to have been made in the court below or this court to strike out the bill of exceptions or to strike the same from the abstract, and, as…
2Cases cited10 opinions
- The Elgee Cotton CasesSupreme Court of the United States · 1875
- Lester v. EastIndiana Supreme Court · 1875
- Hilmer v. HillsCalifornia Supreme Court · 1902
- Goodman v. KennedyNebraska Supreme Court · 1880
- Straus v. RossIndiana Supreme Court · 1865
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