Cosgrove v. Fanebust
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Jos. W. Jones, Judge. Action to foreclose a real restate mortgage. Plaintiff had judgment, from which, and from an order denying a motion for a new trial, certain of the defendants appeal. The facts are stated in the opinion.
1Opinion of the CourtFuller, J.
This action to foreclose a mortgage on real property, and obtain a deficiency judgment, resulted in a decree *214as prayed for and the defendants appeal therefrom, and from an order overruling a motion for a new trial.
After proving the signatures of the makers, by a witness who saw the defendants place them on the notes to secure which the mortgage was executed, the same were introduced in evidence, over the following objection: “Defendants’ counsel Object, as incompetent; no foundation laid.” These notes are of even date, and, being upon printed forms or blanks, are but partially in writing. On…
2Cases cited2 opinions
- Landauer v. Sioux Falls Imp. Co.South Dakota Supreme Court · 1897
- Moddie v. BreilandSouth Dakota Supreme Court · 1897
3Cited by1 opinion
- Northwestern Mortgage Trust Co. v. LevtzowSouth Dakota Supreme Court · 1909