Gillette v. Abrahams
South Dakota Supreme Court
Appeal from Circuit Court, Tripp Count}. Hon. William. Williamson, Judge. Action by Ed. E. Gillette against Henry J. Abraham, to quiet title to land setting aside a mortgage foreclosure by advertisement.
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Appeal from Circuit Court, Tripp Count}. Hon. William. Williamson, Judge. Action by Ed. E. Gillette against Henry J. Abraham, to quiet title to land setting aside a mortgage foreclosure by advertisement. From a judgment for defendant, and from an order-denying a new trial, plaintiff appeals.’ (3) Under point three of the opinion, Appellant submitted that: There is nothing in the notice which is descriptive or .informative of the true date of this mortgage, or of the real mortgage that is attempted to be foreclosed, nor of any condition which would authorize its foreclosure. It fails to…
1Opinion of the CourtWpiiting, J.
[1] Defendant held a second mortgage against land belonging to plaintiff. The land was situate in this state. The mortgage was of record, and it contained a power of sale. There 'being default in the payment of the debt secured, defendant exercised the power of sale, purchased the land at the sale, and, at end of the statutory period for redemption, received a sheriff’s deed on. such sale. Plaintiff thereafter brought this action, seeking to have the title to said land quieted in him. It is evident that plaintiff’s theory is that the foreclosure was void, and not that the foreclosure was…
2Cases cited8 opinions
- Reading v. WatermanMichigan Supreme Court · 1881
- McCardia v. BillingsNorth Dakota Supreme Court · 1901
- Lau v. ScribnerMichigan Supreme Court · 1917
- West v. Middlesex Banking Co.South Dakota Supreme Court · 1914
- Turansky v. WeinbergMassachusetts Supreme Judicial Court · 1912
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Lipsey v. CrosserSouth Dakota Supreme Court · 1934
- Schmidt v. GunsalusSouth Dakota Supreme Court · 1926