Tabour Realty Co. v. Nelson
South Dakota Supreme Court
Appeal from 'Circuit Court, Brown County. Hon. Frank Anderson, Judge. Action by Tabour Realty Company, a corporation, against N. E. Nelson as Clerk of the Circuit Court of Brown County, South Dakota, and J. H. Suttle, to recover the amount of a certain alleged fund in defendant Suttle’s hands and formerly in hands of a receiver in a foreclosure action against parties who are alleged assignors of said fund to plaintiff.
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Appeal from 'Circuit Court, Brown County. Hon. Frank Anderson, Judge. Action by Tabour Realty Company, a corporation, against N. E. Nelson as Clerk of the Circuit Court of Brown County, South Dakota, and J. H. Suttle, to recover the amount of a certain alleged fund in defendant Suttle’s hands and formerly in hands of a receiver in a foreclosure action against parties who are alleged assignors of said fund to plaintiff. From an order sustaining a demurrer to the complaint, plaintiff appeals. Appellant submitted that: The judgment in case of Suttle v. (Cranmer and Fred Gannon as Garnishes, is…
1Opinion of the Court
'SMITH, J.
Appeal from an order sustaining a demurrer to plaintiff’s complaint. The complaint alleges substantially the following facts: In April, 1916, the First National Bank of Aberdeen began an action to foreclose a mortgage given by one Cranmer and his wife, in'which action one Gannon was appointed receiver of the rentals of the mortgaged property pending suit. After foreclosure and deed.in January, 1918; the receiver-made final report disclosing net proceeds of such rentals in his hands to the amount of $1,608.98. .On- September- 4, 1918, the trial court entered an order approving and…
2Cases cited1 opinion
- Robinson v. NelsonSouth Dakota Supreme Court · 1921