Billingsley v. Hiles
South Dakota Supreme Court
Appeal from circuit' court, Hughes county. Hon. H. G. Fuller, Judge. Action by Lorenzo- W. Billingsley and John A. Frawley against Ella Hiles, Nellie Southworth, and others to remove clouds from title. Judgment for plaintiffs, and defendants appeal. The facts are stated in the opinion. An action can be maintained for the foreclosure of a mortgage after the statutory period of limitations has run upon the notes secured by the mortgage.
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Appeal from circuit' court, Hughes county. Hon. H. G. Fuller, Judge. Action by Lorenzo- W. Billingsley and John A. Frawley against Ella Hiles, Nellie Southworth, and others to remove clouds from title. Judgment for plaintiffs, and defendants appeal. The facts are stated in the opinion. An action can be maintained for the foreclosure of a mortgage after the statutory period of limitations has run upon the notes secured by the mortgage. Whipple v. Barnes, 21 Wis. 328; Knox v. Galligan, 21 Wis. 471; Niswell v. Baxter, 21 Wis. 680; Thayer v. Mann, 19 Pick 535; Borst v. Carey, 15.N. Y. 506;…
1Opinion of the CourtKellam, J.
This was an action, brought by respondents as plaintiffs, to remove from their title to premises described in the complaint certain alleged clouds, consisting of a mortgage, sheriff’s certificate of sale thereunder to appellant Southworth, and her assignment of the same to appellant Hiles, and a sheriff’s deed to said Hiles, and to quiet the title to said premises in said respondents as against the said appellants. The pleadings are lengthy, and present issues enough to make a formid ■ able case, but upon the record brought here there seems little for this court to do. The trial below was to…
2Cases cited6 opinions
- Pierce v. ManningSouth Dakota Supreme Court · 1892
- Lansing v. RussellNew York Court of Chancery · 1848
- Tessmann v. Supreme Commandery of United FriendsMichigan Supreme Court · 1894
- Illstad v. AndersonNorth Dakota Supreme Court · 1891
- National Cash Register Co. v. PfisterSouth Dakota Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Sykes v. BeckNorth Dakota Supreme Court · 1903
- D. S. B. Johnston Land-Mort. Co. v. CaseSouth Dakota Supreme Court · 1900
- Farmers State Bank of Richardton v. BrownNorth Dakota Supreme Court · 1925
- Peart v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1896
- Regan v. WhittakerSouth Dakota Supreme Court · 1901
2 more not listed; retrieve them via the Exa API.