Houts v. Hoyne

Citations

• 14 S.D. 176
• 84 N.W. 773
• 1900 S.D. LEXIS 24

Syllabus

<p>1. Comp. Laws, §§ 4834-4847, relating to the “time of commencing actions for the recovery of real property,” apply to actions at law only, where the principal object of the action is to recover possession, and not to equitable actions, the distinction between which and those at law still exists, though the forms of actions are abolished.</p> <p>2. Comp. Laws, §§ 4834-4847, relating to “the time of commencing actions for the recovery of real property,” do not refer to or include in any of their provisions actions in equity for an accounting and for leave to redeem; but Section 4856 of the succeeding article, relating to the “time of commencing actions other than for the recovery of real property,” provides that “an action for relief not hereinbefore provided for must be commenced within ten years after the cause of action shall have accrued.” Held, that an action for an accounting, under a mortgage and to redeem, was governed by the latter section.</p>