Reports of Cases Decided in the Supreme Court of the State of South Dakota, Band 15Carter Publishing Company, 1902 |
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Seite 72
... mortgage . Defendant denied that the loan had been paid , and by way of counterclaim sought to enforce its mortgage lien to the extent of the balance alleged to be due thereon . The action was tried without a jury , the court finding ...
... mortgage . Defendant denied that the loan had been paid , and by way of counterclaim sought to enforce its mortgage lien to the extent of the balance alleged to be due thereon . The action was tried without a jury , the court finding ...
Seite 75
... mortgage in a suit to cancel the note and mortgage , plaintiff pleads full payment , and alleges facts sufficient to show that the debt secured by the mort- [ 15 S. D. Opinion of the Court -- FULLER HOLM v . FIRST NATIONAL BANK OF CLARK ...
... mortgage in a suit to cancel the note and mortgage , plaintiff pleads full payment , and alleges facts sufficient to show that the debt secured by the mort- [ 15 S. D. Opinion of the Court -- FULLER HOLM v . FIRST NATIONAL BANK OF CLARK ...
Seite 76
... mortgages . From a judgment in favor of defendant , plaintiff appeals . Reversed . C. X. Seward and C. G. Sherwood , for appellant . S. A. Keenan , for respondent . FULLER , P. J. In this action to recover $ 255.74 and secure the ...
... mortgages . From a judgment in favor of defendant , plaintiff appeals . Reversed . C. X. Seward and C. G. Sherwood , for appellant . S. A. Keenan , for respondent . FULLER , P. J. In this action to recover $ 255.74 and secure the ...
Seite 120
... mortgage to secure a fictitious indebtedness of $ 15,500 , covering his entire stock in trade and personal effects , of the aggregate value of $ 10,000 , which , with real property worth $ 2,500 , practically con- stituted his entire ...
... mortgage to secure a fictitious indebtedness of $ 15,500 , covering his entire stock in trade and personal effects , of the aggregate value of $ 10,000 , which , with real property worth $ 2,500 , practically con- stituted his entire ...
Seite 126
... mortgage foreclosure settled with the mortgagee for a stipulated sum , for a part of which the certificate of sale was pledged . A payment under the agreement was made on the purchaser's behalf to M. , which , with others , made a sum ...
... mortgage foreclosure settled with the mortgagee for a stipulated sum , for a part of which the certificate of sale was pledged . A payment under the agreement was made on the purchaser's behalf to M. , which , with others , made a sum ...
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affidavit affirmed agent alleged amended amount answer Appeal from circuit assessment attachment attorney authority bank Bon Homme county cause of action certificate charge circuit court claim Comp complaint constitute contended contract corporation CORSON court erred Court-CORSON Court-FULLER Court-HANEY creditors Custer City Custer county defendant's demurrer denying duly entitled evidence execution fendant foreclosure fraud further granted held issue Judge jurisdiction jury land Lawrence county lien machinery ment Minnehaha county mortgage motion notice objection Opinion filed owner paid party payment person plaintiff appeals plaintiff in error pleadings possession premises prior proceedings provides purchaser question quiet title quitclaim deed reason received record recover register of deeds respondent reversed rule sheriff sold South Dakota specific statement statute subrogation sufficient sustained tax deed testimony thereof tiff tion trial court verdict warrants
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Seite 121 - ... with the intent and purpose on his part to hinder, delay, or defraud his creditors, or any of them, shall be null and void as against the creditors of such debtor, except as to purchasers in good faith and for a present fair consideration...
Seite 125 - Upon the failure of any one of several co-owners to contribute his proportion of the expenditures required hereby, the co-owners who have performed the labor or made the improvements may, at the expiration of the year, give such delinquent co-owner personal notice in writing or notice by publication in the newspaper published nearest the claim, for at least once a week for ninety days, and if at the expiration of ninety days after such notice in writing or by publication such delinquent should fail...
Seite 719 - A plain and concise statement of the facts constituting a cause of action, without unnecessary repetition.
Seite 289 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Seite 216 - Elections shall be free and equal; and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.
Seite 93 - When any of the matters enumerated in section forty do not appear upon the face of the complaint, the objection may be taken by answer. SEC. 45. If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.
Seite 121 - That all levies, judgments, attachments, or other liens, obtained through legal proceedings against a person who is insolvent, at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and void in case he is adjudged a bankrupt, and the property affected by the levy, judgment, attachment, or other lien shall be deemed wholly discharged and released from the same, and shall pass to the trustee as a part of the estate of the bankrupt...
Seite 560 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief; 2.
Seite 371 - No variance between the allegation in a pleading and the proof, is to be deemed material, unless it have actually misled the adverse party to his prejudice, in maintaining his action or defense upon the merits.
Seite 122 - The plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated legal or equitable, or bolh, where they all arise out of 1. The same transaction, or transactions connected with the same subject of action ; . 2.