Stevens v. Osgood
South Dakota Supreme Court
Appeal from circuit court, Beadle county; Hon. Chas. H. Whiting, Judge. Action by Frank E. Stevens against F. L. Osgood and others. .From a judgment for plaintiff and an order denying a motion for a new trial, Grandy appeals.
1Opinion of the CourtFuller, J.
At the trial of this action to foreclose a mortgage on real property, plaintiff had judgment, and the defendant Grandy appealed therefrom and from an order overruling his motion for a new trial. The essential facts may be stated thus: Default being made in the payment of certain interest, as well as the principal sum secured by the mortgage, which contains a power of sale, and matured November 1,1890, plaintiff commenced a statutory proceeding on the 1st day of October, 1902, to foreclose by advertisement, whereupon an order *249was obtained from the judge of the circuit court, restraining the…
2Cases cited5 opinions
- Hayes v. FreyWisconsin Supreme Court · 1882
- Menzel v. Hinton.Supreme Court of North Carolina · 1903
- Golcher v. BrisbinSupreme Court of Minnesota · 1874
- Hall v. BartlettNew York Supreme Court · 1850
- Cone v. Hyatt.Supreme Court of North Carolina · 1903
3Cited by6 opinions
- Scott v. District Court of the Fifth Judicial DistrictNorth Dakota Supreme Court · 1906
- National Tailoring Co. v. ScottWyoming Supreme Court · 1948
- Talbott v. HillCourt of Appeals for the D.C. Circuit · 1919
- McLean v. UnderdalNorth Dakota Supreme Court · 1943
- Kammann v. BartonSouth Dakota Supreme Court · 1910
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