Kirby v. Ramsey
South Dakota Supreme Court
Appeal from circuit court, McCook county. Hon. Joseph W. Jones, Judge. Action to foreclose a real estate mortgage. From an order vacating a sale and order of confirmation, plaintiff appeals. 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 trial court.
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Appeal from circuit court, McCook county. Hon. Joseph W. Jones, Judge. Action to foreclose a real estate mortgage. From an order vacating a sale and order of confirmation, plaintiff appeals. 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 trial court. Rorer on Judicial Sales, 2nd Ed. § 591; 12 Am. & Eng. Encyc. of Law, 208. The rule of the trial court has all the force of a statute passed- by the…
1Opinion of the CourtHaney, J.
April 17, 1895, in this, an action to foreclose a real estate mortgage, plaintiff recovered a personal judgment against defendants for $657, and the usual decree in such cases. Execution issued, and on June 3d plaintiff purchased the mortgaged premises for $100. J une 6th the sheriff made report of *199sale, and June 17th the sale was on motion of plaintiff, confirmed. Two days later, defendants procured an order of court requiring plaintiff to show cause why the sale should not be set aside, and a new sale ordered. Accompanying defendant’s application was a bond, with sureties approved by the…
2Cases cited6 opinions
- Randall v. Burk TownshipSouth Dakota Supreme Court · 1893
- Kœhler v. BallSupreme Court of Kansas · 1863
- Weber v. TschetterSouth Dakota Supreme Court · 1890
- First National Bank v. Black Hills Fair Ass'nSouth Dakota Supreme Court · 1891
- Bailey v. ScottSouth Dakota Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Calhoun v. BryantSouth Dakota Supreme Court · 1911
- State Ex Rel. Com'rs of the Land Office v. HarrowerSupreme Court of Oklahoma · 1934
- Woodbine Savings Bank v. YagerSouth Dakota Supreme Court · 1932
- Kirby v. Circuit CourtSouth Dakota Supreme Court · 1897
- Kinkaid v. RossaSouth Dakota Supreme Court · 1913
6 more not listed; retrieve them via the Exa API.