Juckett v. Fargo Mercantile Co.

Citations

• 19 S.D. 150
• 102 N.W. 604
• 1905 S.D. LEXIS 14

Syllabus

<p>1. Under the express conditions of Rev. Code Civ. Proc. 1903, c. 14, where, in supplemental proceedings against a judgment debtor, it appears that he refuses to apply unexempt property to the satisfaction of the judgment, the appointment of a receiver of his property is authorized.</p> <p>2. Where, in supplemental proceedings against a judgment debtor, there is a substantial compliance with the statutory requirements in appointing a receiver of the debtor’s property, the appointment and the title of the receiver to the property are not thereafter subject to a collateral attack.</p> <p>3. Where a mortgagee of land agreed to discharge the mortgage on payment within one year by the mortgagor of a sum less than the debt secured, but the mortgagor failed to carry out the agreement, a tender of the balance called for in the contract by a purchaser of the land at receiver’s sale was of no effect.</p> <p>4. A tender by a purchaser of land at receiver’s sale to an assignee of a mortgage on the land amounted to a recognition of the assignee’s ownership of the mortgage.</p> <p>6. Where a husband and wife were the principal stockholders in a corporation, and the husband its president, treasurer and managing agent, a purchase by the corporation of a mortgage on land belonging to the wife did not extinguish the mortgage.</p>