Farm & Colonization Co. v. Meloy

Citations

• 11 S.D. 7
• 75 N.W. 207
• 1898 S.D. LEXIS 62

Syllabus

<p>1. One who forecloses a junior mortgage, and acquires the legal title, cannot assert a lien under a prior mortgage in an action to quiet title, based on the ownership acquired by said foreclosure.</p> <p>2. The right to subrogation under a prior mortgage can be litigated only in a proceeding to foreclose said mortgage, in which the junior lienholders are made parties.</p>