Legal Opinion

Cosgrove v. Fanebust

South Dakota Supreme Court

Decided October 5, 1897PublishedCited by 1 opinion

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

  1. Landauer v. Sioux Falls Imp. Co.South Dakota Supreme Court · 1897
  2. Moddie v. BreilandSouth Dakota Supreme Court · 1897

3Cited by1 opinion

  1. Northwestern Mortgage Trust Co. v. LevtzowSouth Dakota Supreme Court · 1909

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