Wilson v. Hayes-Lucas Lumber Co.

A motion to dismiss this appeal appears in respondent’s brief, but not otherwise; no waiver or order, to show cause is anywhere found in the record. The motion fails to comply with rule 21 of the Rules of this court, and cannot be considered. State v. Board of Commissioners, 29 S. D. 358, 137 N. W. 354; Neilson v. C. & N. W. Ry. Co., 27 S. D. 96, 129 N. W. 907.

This is an action brought by the owner of land, who claims his title through the foreclosure of a purchase-money mortgage, *343to restrain the sale of the buildings on the land under an execution issued on a decree obtained on the…