Wilson v. Selbie
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. A. J. Plowman, Judge. Action to have certain deeds declared mortgages, and for foreclosure of the. same. Defendant had judgment, and plaintiff appeals. The facts are stated in the opinion.
Read the full summary
Appeal from circuit court, Lawrence county. Hon. A. J. Plowman, Judge. Action to have certain deeds declared mortgages, and for foreclosure of the. same. Defendant had judgment, and plaintiff appeals. The facts are stated in the opinion. A counter claim is intended to secure to a defendant all the relief which either an action at law, or a bill of equity, or a cross bill would have secured on the same state of facts. 7 Wait’s Act. and Def. 558; Connor v. Winton, 7Ind. 623; Lovejoyv. Robinson, Id. 399; Leavenworth v. Packer, 62 Barb. 132; Ogden v. Codding-ton, 2 E. B. Smith, 317. Forfeitures…
1Opinion of the CourtKellam, J.
This action was brought to have certain deeds declared to be mortgages, and for the foreclosure of the same. That the deeds were intended as and are really mortgages is conceded. The court’s findings of fact are not attacked, and the only question is what judgment should have been rendered upon them? The findings are necessarily lengthy and elaborate, but the legal questions involved may be satisfactorily exhibited by reference to and extracts from them.
The deeds which are sought to be foreclosed as mortgages were made by Miller, of whose estate respondent is administrator, to appellant, to…
2Cases cited10 opinions
- Wood v. LakeWisconsin Supreme Court · 1860
- Wheelock v. . LeeNew York Court of Appeals · 1876
- Williar v. Baltimore Butchers' Loan & Annuity Ass'nCourt of Appeals of Maryland · 1877
- Cutting v. TaylorSouth Dakota Supreme Court · 1892
- Real Estate Trust Company v. . KeechNew York Court of Appeals · 1877
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Rollinger v. JC Penney CompanySouth Dakota Supreme Court · 1971
- Niblack v. ChampenySouth Dakota Supreme Court · 1897