Rudolph v. Herman
South Dakota Supreme Court
Appeal from circuit court, Lincoln county. Hon. F. R. Aikens, Judge. Action by the successor in interest of a mortgagor to recover from a purchaser at a foreclosure sale rent for the real property covered by the mortgage during the year of redemption. To an answer setting up the making of the mortgage, a sale thereunder, and the purchase by the defendant plaintiff demurred. The demurrer was overruled and plaintiff appealed.
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Appeal from circuit court, Lincoln county. Hon. F. R. Aikens, Judge. Action by the successor in interest of a mortgagor to recover from a purchaser at a foreclosure sale rent for the real property covered by the mortgage during the year of redemption. To an answer setting up the making of the mortgage, a sale thereunder, and the purchase by the defendant plaintiff demurred. The demurrer was overruled and plaintiff appealed. The rents and profits of real property accruing between the day of sale and the delivery of the deed under foreclosure proceedings belong to the owner of the equity of…
1Opinion of the Court
Bennett, P-. J,
On the 1st day of June, 1889, F. L. Driggs was the owner of and in possession of a livery barn situated on lots' 1 and 4 of block 18 of Hill’s addition to the city of Canton, S. D. On that day he leased said barn to M. H. Herman, the defendant, until the 1st day of February, 1891, for the monthly rental of $18, payable to said F. L. Driggs on the first day of each month in advance. Under the lease the defendant took possession of the property as Driggs’ tenant. On the 8th day of January, 1890, the said Driggs duly assigned all his right, title, and interest in and to the lease,…
2Cases cited6 opinions
- Biddel v. BrizzolaraCalifornia Supreme Court · 1883
- Cohn v. NeevesWisconsin Supreme Court · 1876
- Brown v. WillisCalifornia Supreme Court · 1885
- Bartlett v. CottleCalifornia Supreme Court · 1883
- Clement v. ShipleyNorth Dakota Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- First National Bank v. CranmerSouth Dakota Supreme Court · 1920
- Siems v. Pierre Savings BankSouth Dakota Supreme Court · 1895
- First Federal Savings & Loan Ass'n of Rapid City v. Clark Investment Co.South Dakota Supreme Court · 1982
- Geo. B. Clifford & Co. v. HenryNorth Dakota Supreme Court · 1918
- Knudson v. PowersSouth Dakota Supreme Court · 1930
9 more not listed; retrieve them via the Exa API.