Hardin v. Graham
South Dakota Supreme Court
Appeal from 'Circuit Court, Lawrence County. Hon. James McNenny, Judge. On petition for rehearing. Appellant submitted1 that: • The court, in deciding this case on appeal, apparently overlooked the fact that the contention on both sides, as to the character of the sale, was intended exclusively to relate to the right of redemption from the sale, and not to any question whether or net the decree was executed; the contention being made on the one hand that the right of…
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Appeal from 'Circuit Court, Lawrence County. Hon. James McNenny, Judge. On petition for rehearing. Appellant submitted1 that: • The court, in deciding this case on appeal, apparently overlooked the fact that the contention on both sides, as to the character of the sale, was intended exclusively to relate to the right of redemption from the sale, and not to any question whether or net the decree was executed; the contention being made on the one hand that the right of redemption existed because this was a foreclosure sale, and upon the other hand1 that it was a receiver’s -sale, and hence no…
1Opinion of the CourtGates, P. J.
A petition for rehearing has been filed on behalf of appellant, the successful party upon the appeal in this case, the opinion in which, appears in 159 N. W. 895, which petition, among* other things, attacks the decision for that we held that the mortgage still stands unforeclosed and rests -upon the unexecuted decree of foreclosure, and that if redemption is made such decree will stand1 as an incumbrance upon the property, and that upon redemption the premises be decreed tó 'be in appellant subject to the unexecuted decree of foreclosure.
Upon further consideration and in view of the fact…
2Cases cited1 opinion
- Hardin v. GrahamSouth Dakota Supreme Court · 1916
3Cited by1 opinion
- McCutchen v. Union Trust Co.Court of Appeals for the Eighth Circuit · 1921