First National Bank v. Crabtree
South Dakota Supreme Court
■ Appeal from circuitcourt, Beadle county; Hon. Charles S. Whiting, Judge. Suit by the First National Bank of Huron against Clinton Crabtree, to have a chattel mortgage déclared a first lien on the exemptions set apart to the defendant in proceedings in bankruptcy, and the lien foreclosed. From an order granting a preliminary injunction, defendant appeals.
1Opinion of the Court
Fuller. J.
A creditor’s petition for the adjudication of the bankruptcy of the defendant being filed in the district court of the United States while plaintiff was attempting to foreclose a chattel mortgage on a stock of general merchandise owned by the debtor, the proceeding was abandoned, and a temporary receiver appointed by the court took possession of the mortgaged property and sold the same pursuant to a stipulation of all the creditors to the effect that the respective rights of each should be protected. Later the insolvency of the defendant was legally established, and the court having…
2Cases cited2 opinions
- Allison v. CorsonCourt of Appeals for the Eighth Circuit · 1898
- Huron Waterworks Co. v. City of HuronSouth Dakota Supreme Court · 1893
3Cited by1 opinion
- Parsons v. City of Sioux FallsSouth Dakota Supreme Court · 1937