Roberts v. Parker
South Dakota Supreme Court
Appeal from circuit court, Yankton county, Hon. E. G. Smith, Judge. Action by George W. Roberts against Kendall T. Parker and another to foreclose a mortgage. From an order appointing a receiver to take charge of the property, defendants appfeal. The facts are stated in the opinion. The court will not appoint a receiver when the complaint is verified upon information and belief. Grandin v. LaBar, 50 N. W. 150; High on Rec. (2d ed.), sec. 1569, 20 Am. & Eng. Ene.
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Appeal from circuit court, Yankton county, Hon. E. G. Smith, Judge. Action by George W. Roberts against Kendall T. Parker and another to foreclose a mortgage. From an order appointing a receiver to take charge of the property, defendants appfeal. The facts are stated in the opinion. The court will not appoint a receiver when the complaint is verified upon information and belief. Grandin v. LaBar, 50 N. W. 150; High on Rec. (2d ed.), sec. 1569, 20 Am. & Eng. Ene. E. 95-The appointment of a receiver is reluctantly made, and only upon the clearest proof of its propriety, 20 Am. & Eng. Ene. L.…
1Opinion of the CourtHaney, J.
This is an action for the foreclosure of a real estate mortgage. Defendants appeal from an order appointing a receiver. The order was made upon the complaint, answer, and numerous affidavits read by the respective parties. It is alleged in the com*326plaint that on December 8, 1896, and for many years immediately preceding that date, the record title to certain realty was in M. D. P, Parker, although one Kendall Parker was the actual owner thereof; that about April 1, 1887, M. D. P. Parker and wife made a mortgage on such realty, to secure the payment of $400; that this mortgage was made at the…
2Cases cited3 opinions
- Rudolph v. HermanSouth Dakota Supreme Court · 1893
- Siems v. Pierre Savings BankSouth Dakota Supreme Court · 1895
- Wood v. ConradSouth Dakota Supreme Court · 1892
3Cited by10 opinions
- Farm Mortgage Loan Co. v. PettetNorth Dakota Supreme Court · 1924
- Hanson v. SognSouth Dakota Supreme Court · 1926
- First National Bank v. CranmerSouth Dakota Supreme Court · 1920
- Knudson v. PowersSouth Dakota Supreme Court · 1930
- Grieve v. HuberWyoming Supreme Court · 1928
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