Rhomberg v. Bender
South Dakota Supreme Court
Appeal from Circuit Court, Custer County. Hon. Lrvi McGkU, Judge.' Action by A. L. RTiomberg against Frank Bender. From an order sustaining a demurrer to the complaint, plaintiff appeals.
1Opinion of the CourtHaney, J.
[1] This is an appeal from an order sustaining a demurrer to the complaint, on the ground that it does not state a cause of action. Its allegations are in substance, that Campbell B. and Susannah B. Thomas, the owners of certain described real property, executed a mortgage thereon October 17, 1890, to secure a debt of $400; that a judgment foreclosing the mortgage was entered July 13, 1894; that the mortgage, judgment, and all rights of the mortgagee and judgment creditor have been assigned to the plaintiff, who is now the owner and holder thereof; that no sale under the judgment has taken…
2Cases cited5 opinions
- Green v. FrickSouth Dakota Supreme Court · 1910
- Gibson v. PekarekSouth Dakota Supreme Court · 1911
- Gibson v. PekarekSouth Dakota Supreme Court · 1910
- Battelle v. WolvenSouth Dakota Supreme Court · 1905
- Huntington v. MeyerWisconsin Supreme Court · 1896
3Cited by3 opinions
- Newton v. McGeeSouth Dakota Supreme Court · 1913
- City of Cut Bank v. Clapper Motor Co.Montana Supreme Court · 1947
- In re BunkeUnited States Bankruptcy Court, D. South Dakota · 1994