Hill v. Whale Min. Co.

Citations

• 15 S.D. 574
• 90 N.W. 853
• 1902 S.D. LEXIS 47

Syllabus

<p>1. Though, by statute,, findings of fact by the trial court are not as controlling upon the appellate court as the verdict of a jury, they are presumptively correct, and must stand unless the evidence clearly preponderates against them.</p> <p>2. Where plaintiff in a mortgage foreclosure suit makes a third party a party defendant, alleging that such party has or claims to have some right or interest in the mortgaged premises, but that such right or interest is subordinate to plaintiff’s mortgage, such party has a standing in court to resist the enforcement of plaintiff's alleged lien without establishing his own.</p>