Dirks Trust & Title Co. v. Koch
South Dakota Supreme Court
Action by the Dirks Trust & Title Company against Joseph H. Koch, Charles Hill, and another, to recover damages for deceit. From an order overruling defendant Hill’s demurer to the complaint, defendants appeal.
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Action by the Dirks Trust & Title Company against Joseph H. Koch, Charles Hill, and another, to recover damages for deceit. From an order overruling defendant Hill’s demurer to the complaint, defendants appeal. The party making the sale is not ordinarily liable for defects in title. 27 Cyc., p. 1488, Subdivision G.; Roberts v. Hughes, 81 Ill. 130; Vanscoyoc v. Kinder, 77 Ill. 151; Riggs v. Purcells, 60 N. Y. 193. The purchaser at such sale is chargeable with whatever notice the record discloses, and is bound by such notice to him, and lie takes only such title as the mortgagee possessed. 27…
1Opinion of the CourtWhiting, P. J.
This cause comes before us upon an appeal from an order overruling defendant Hill's demurrer to the complaint. The demurrer confesses the following facts: Defendants Koch gave a mortgage upon certain real estate to> one Nugent, who afterwards assigned same to Hill. The mortgage and assignment were duty recorded, and Hill foreclosed the mortgage by advertisement. Plaintiff, retying upon the representations made by Hlill in the publication of the notice of foreclosure, became the purchaser at the foreclosure sale, received the sheriff’s certificate, and paid the purchase price to the sheriff as…
2Cases cited2 opinions
- Hayes v. DelzellMissouri Court of Appeals · 1886
- Brewer v. ChristianAppellate Court of Illinois · 1881
3Cited by4 opinions
- Lyle v. MooreMontana Supreme Court · 1979
- Michie v. National Bank of CaruthersvilleMissouri Court of Appeals · 1977
- Danner v. MurnanSouth Dakota Supreme Court · 1920
- Lyle v. MooreMontana Supreme Court · 1979