Lyons v. Adel
South Dakota Supreme Court
Appeal- from, Circuit Court, Tripp County. Hon. Frank B. Smith, Judge. Replevin by I. M. Lyons, against Adam Adel, for a crop of wheat. From, a judgment for defendant, and from an order denying a new trial, plaintiff appeals. (1) To point one of the opinion, Appellant cited: Kettering et al. v. Barber et al. (S. D.) 159 N. W. 133; “Judicial Sales” in 24 -Cyc.; 27 Cyc. 1491, 1729, 1730; Code -Civ.
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Appeal- from, Circuit Court, Tripp County. Hon. Frank B. Smith, Judge. Replevin by I. M. Lyons, against Adam Adel, for a crop of wheat. From, a judgment for defendant, and from an order denying a new trial, plaintiff appeals. (1) To point one of the opinion, Appellant cited: Kettering et al. v. Barber et al. (S. D.) 159 N. W. 133; “Judicial Sales” in 24 -Cyc.; 27 Cyc. 1491, 1729, 1730; Code -Civ. Pro., Sees. 653, 662; 12 Cyc. 977; Downard v. Graff, 40 Iowa, 597; Wooton v. White (Md.) 44 A. to26; Shilton v. Harrow, 47 Pac. 177. Respondent cited: Code Civ. P’roc., Secs. 653, 656, 662, 383;…
1Opinion of the CourtMcCO-Y, J.
This action in replevin to recover the possession of a crop of winter wheat of about 1,000 bushels resulted in findings and judgment in favor of defendant, from which plaintiff appeals..
[1] There is no substantial conflict in the evidence, the only matter of controversy being the application of law to the facts. In 1911 respondent, as mortgagor, gave a mortgage upon the real estate upon which said crop was grown, and upon- condition being broken, a foreclosure sale of said real estate was made on the 6th day of June, 1914, the Sioux City Brewing Company, the mortgagee, becoming the purchaser…
2Cases cited9 opinions
- Page v. FowlerCalifornia Supreme Court · 1870
- Stockwell v. . PhelpsNew York Court of Appeals · 1866
- Churchill v. AckermanWashington Supreme Court · 1900
- Johnston v. FishCalifornia Supreme Court · 1895
- Lindsay v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1882
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3Cited by2 opinions
- Power Mercantile Co. v. Moore Mercantile Co.Montana Supreme Court · 1918
- Zeigler v. BlechaNorth Dakota Supreme Court · 1930