Legal Opinion

Burt v. Gage

South Dakota Supreme Court

Decided May 28, 1926No. File Na. 5693PublishedCited by 3 opinions

1Opinion of the Court

MORIARTY, C.

This is an action to foreclose a real estate mortgage, and to recover from the defendants personally the amount of any; deficiency that may remain after the net proceeds of the sale of the mortgaged property have been applied upon the judgment.

There was no appearance on behalf of the defendants Gage. Originally the action was begun upon the notes secured by the mortgage without recourse to the security. The trial court ordered the form of action to be changed to one for foreclosure of the mortgage securing the notes, and thereupon an amended and supplemental complaint was served…

Also in this document: Concurrence.

2Cases cited10 opinions

  1. Steensland v. NoelSouth Dakota Supreme Court · 1912
  2. Botsford Lumber Co. v. SchriverSouth Dakota Supreme Court · 1925
  3. Mine & Smelter Supply Co. v. Stockgrowers' BankCourt of Appeals for the Eighth Circuit · 1909
  4. Winders v. SperryCalifornia Supreme Court · 1892
  5. Steers v. HolmesMichigan Supreme Court · 1890

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3Cited by3 opinions

  1. Miners & Merchants Savings Bank v. ComerSouth Dakota Supreme Court · 1966
  2. Little v. PlummerSouth Dakota Supreme Court · 1927
  3. Lowenstein v. Chicago Title & Trust Co.Appellate Court of Illinois · 1950

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