Northwestern Mortgage Trust Co. v. Bradley
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon A. J. Plowman, Judge. • Action to recover possession of real property. Defendants had judgment, and plaintiff appeals. The facts are stated in the opinion.
1Opinion of the CourtHaneY, J.
This action was brought to recover possession of certain real property to which plaintiff claims title through foreclosure proceedings by advertisement. In the foreclosed mortgage plaintiff was mortgagee and defendants were mortgagors. They interposed four defenses, all relating to the validity of the foreclosure proceedings: '(1) Usury, (2) overstatement of amount due, (3) inadequacy of price, and (4) sale *496of separate parcels as an entire tract. The learned circuit court held that the proceedings were void; and gave defendants judgment. Plaintiff appealed.
It is unnecessary to decide whether…
2Cases cited7 opinions
- Power v. LarabeeNorth Dakota Supreme Court · 1894
- Willard v. FinneganSupreme Court of Minnesota · 1890
- First National Bank v. Black Hills Fair Ass'nSouth Dakota Supreme Court · 1891
- Hoffman v. BuschmanMichigan Supreme Court · 1893
- Bunker v. RandWisconsin Supreme Court · 1865
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Grove v. Great Northern Loan Co.North Dakota Supreme Court · 1908
- Thompson v. BrowneSouth Dakota Supreme Court · 1897
- Hollister v. BuchananSouth Dakota Supreme Court · 1898
- Johnson v. Dakota National BankSouth Dakota Supreme Court · 1926
- Heiser v. RodwaySouth Dakota Supreme Court · 1976
1 more not listed; retrieve them via the Exa API.