Kirby v. Circuit Court

Citations

• 10 S.D. 38
• 71 N.W. 140
• 1897 S.D. LEXIS 8

Syllabus

<p>1. On certiomri requiring a court to certify the record of certain proceedings on which an order was made the l’oturn of the clerk can only include the record before the court when the order complained of was made.</p> <p>2. Where plaintiff in foreclosure purchases the property, and the day after the sale conveys the certificate to a third person, notice to such third person is not necessary to confer jurisdiction on the court to set aside the sale for irregularities therein.</p>