Hesnard v. Larive
South Dakota Supreme Court
Appeal from Circuit Court, Fall River County. Hon. Levi McGee, Judge. Action 'by Frank P. 'Hesnard, against George E. and Ida Larive, in claim and delivery of mortgaged personalty, as preliminary to foreclosure under chattel and realty mortgages. From a judgment for Defendants, and from an order denying a new trial, Plaintiffs appeal.
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Appeal from Circuit Court, Fall River County. Hon. Levi McGee, Judge. Action 'by Frank P. 'Hesnard, against George E. and Ida Larive, in claim and delivery of mortgaged personalty, as preliminary to foreclosure under chattel and realty mortgages. From a judgment for Defendants, and from an order denying a new trial, Plaintiffs appeal. (1) To point one of the opinion, Appellant cited: Fargo v. Jennings, 8 S. D. 99. Respondent relied on said citation; and cited also: Paxton & Gallagher Co. v. Starkweather (S. D.) 128 N. W. 479. (2) To point two, Appellant cited: Green v. Frick, 25 S. D. 342;…
1Opinion of the CourtWhiting, J.
Plaintiff, as the mortgagee under a chattel mortgage, bi-ought this action seeking to replevin the personal property described in said mortgage, which property was in possession of the defendants, the mortgagors. Plaintiff based his claim of right to possession upon an allegation that defendants had defaulted in certain covenants contained in the mortgage, and upon an allegation that he deems himself “insecure” — there being a provision in said mortgage giving’a right of foreclosure if the mortgagee “shall at any time deem himself insecure.” Defendants, answering', denied all the grounds upon…
2Cases cited1 opinion
- Dorris Lumber Co. v. CumminsAppellate Court of Illinois · 1910
3Cited by1 opinion
- Jacobson v. United National Bank (In Re Jacobson)United States Bankruptcy Court, D. South Dakota · 1980