Legal Opinion

McVay v. Bridgman

South Dakota Supreme Court

Decided August 20, 1907PublishedCited by 8 opinions

Appeal from Circuit Court,' Bon Homme County. Hon. E. G. Smith, Judge. Action by William H. McVay, as admiinistrátor of the estate of Timothy O’Brien, against Hosea Bridgman and others. From a judgment for plaintiff, defendants appeal.

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Appeal from Circuit Court,' Bon Homme County. Hon. E. G. Smith, Judge. Action by William H. McVay, as admiinistrátor of the estate of Timothy O’Brien, against Hosea Bridgman and others. From a judgment for plaintiff, defendants appeal. The note provided for the payment of attorneys’ fees if suit be commenced to collect the note or foreclose the trust deed, and suit might he commenced on the note if default was made in the payment of any coupon or interest, and to foreclose trust deed for failure to pay taxes, insure buildings, or perform any of the covenants therein, or do, or fail to do…

1Opinion of the CourtCorson, J.

This is an action by the plaintiff, as administrator of the estate of Timothy O’Brien, deceased, to foreclose a trust deed. Findings and judgment being in favor of the plaintiff, the defendants have appealed. The court in this case made very full findings of fact, but omitted to state separately its conclusions of law, except in the following form: “Wherefore, from the foregoing, the court finds that the plaintiff is entitled to judgment as prayed.” Counsel for appellants contend that, by reason of the ommission to state its conclusions of law, the court committed error for which appellants…

2Cases cited2 opinions

  1. Barry v. StoverSouth Dakota Supreme Court · 1906
  2. Pickford v. PeeblesSouth Dakota Supreme Court · 1895

3Cited by8 opinions

  1. Brown v. Guaranty Securities Co.Texas Commission of Appeals · 1924
  2. Brown v. HallSouth Dakota Supreme Court · 1913
  3. Astoria State Bank v. MarkwoodSouth Dakota Supreme Court · 1916
  4. Astoria State Bank v. MarkwoodSouth Dakota Supreme Court · 1917
  5. Kellum v. San Mateo County Title Co.California Court of Appeal · 1932

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