Loomis v. Stoddard
South Dakota Supreme Court
Appeal from Circuit Court, Faulk County. Hon. Joseph H. Bottom, Judge. Action by P. W. Loomis, against Julius C. 'Stoddard and another, to quiet title to realty. From a judgment for plaintiff, defendant Julius C. Stoddard appeals.
Read the full summary
Appeal from Circuit Court, Faulk County. Hon. Joseph H. Bottom, Judge. Action by P. W. Loomis, against Julius C. 'Stoddard and another, to quiet title to realty. From a judgment for plaintiff, defendant Julius C. Stoddard appeals. (i) To point one of the opinion, Appellant cited: Helmer v. Rehm (Neb.) 15 N. W. 344; Burrows v. Gibson (Mich.) 3 N. W. 293; 27 Cyc. 1492. •Respondent cited: Loomis v. Chicago & Northwestern Railway Company ('S. D.) 141 N. W. 386; Jensen v. Andrews (S. D.) 163 N. W. 571; Newman v. Jacobson, 12 Wheat. 570, 6 L. Bd. 732. (4) To point four, Respondent cited: Bailey v.…
1DissentWhiting, J.
I am unable to agree with •Judge 'SMITH'S' conclusion herein, and I think he has failed to recognize well-established rules of law. I ibelieve Judge Corson stated the correct rule of law when, in Stacy v. Smith, 9 S. D. at page 142, 68 N. W. at page 199, he said:
“A court .of equity, in the exercise of its equitable powers, will scrutinize with care sales made ’under powers of sale contained in the mortgage; and, where there is great inadequacy of consideration, it will be astute in extracting from the facts of the case sufficient to justify annulling the sale.”. And in this case the court…
2Cases cited3 opinions
- Herrick v. AmmermanSupreme Court of Minnesota · 1884
- Jensen v. AndrewsSouth Dakota Supreme Court · 1917
- Shatto v. LathamSupreme Court of Minnesota · 1884