Thompson v. Browne
South Dakota Supreme Court
Appeal from circuit court, Brown county. Hon. A. W. Campbell, Judge. Action to set aside a foreclosure sale and for an accounting. Defendant had judgment and plaintiff appealed. The facts are stated in the opinion. Under our statute a power of sale in a mortgage is a trust, the donee of the power is a trustee, and the power can be executed only in the manner prescribed by the Code. Secs. 4354, 2815, Comp. Laws. The lots should have been sold separately.
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Appeal from circuit court, Brown county. Hon. A. W. Campbell, Judge. Action to set aside a foreclosure sale and for an accounting. Defendant had judgment and plaintiff appealed. The facts are stated in the opinion. Under our statute a power of sale in a mortgage is a trust, the donee of the power is a trustee, and the power can be executed only in the manner prescribed by the Code. Secs. 4354, 2815, Comp. Laws. The lots should have been sold separately. Secs. 5442, 5444, 5418, Comp. Laws; Rowley v. Brown, 1 Binney (Pa.); Sunerall v. Chaffin, 48 Mo., 402. The sale to the trustee was void or…
1Opinion of the CourtPuller, J.
This acftion in equity to set aside fthe foreclosure of a real-estate mortgage by advertisement under a power of sale, and for an accounting, was instituted by a mortgagor against an assignee for the benefit of the mortgagee’s creditors, and resulted in a judgment for the defendant, from which, and an order overruling a motion for á new trial, plaintiff appealed.
Under date April 14, 1888, Ira S. Haseltine and his wife executed and delivered to the Western Farm, Mortgage Company two mortgages, containing the usual power of sale, as *346security for a principal note of $10,000 and a series of 10…
2Cases cited11 opinions
- Love v. CherrySupreme Court of Iowa · 1868
- Hill v. National BankSupreme Court of the United States · 1878
- Roberts v. FlemingIllinois Supreme Court · 1870
- Marcotte v. HartmanSupreme Court of Minnesota · 1891
- Maxwell v. NewtonWisconsin Supreme Court · 1886
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Smith v. StateCourt of Criminal Appeals of Texas · 1925
- Kunkel v. AbellIndiana Supreme Court · 1908
- Fienup v. KleinmanSouth Dakota Supreme Court · 1919
- Johnson v. Dakota National BankSouth Dakota Supreme Court · 1926