Bennett v. Consolidated Apex Mining Co.

Citations

• 12 S.D. 234
• 80 N.W. 1078
• 1899 S.D. LEXIS 109

Syllabus

<p>In an action to set aside a mortgage for $50,000 on defendant’s reality, which was valued at $100,000, plaintiff’s claim being a judgment for only $2,000 which was second to the mortgages only, he was not entitled to the appointment of a receiver to take charge of and control all of defendant’s property, since he could preserve his relation to the realty by filing no- . tice of his action.</p>