Kirby v. Ramsey
Citations
- 9 S.D. 197
- 68 N.W. 328
- 1896 S.D. LEXIS 137
Syllabus
<p>1. Under Laws 1887, Chap. 20, regulating appeals to the supreme court, an order setting aside a sale in a foreclosure proceeding is appealable.</p> <p>2. A rule of court providing that a sale under a decree of foreclosure shall not be confirmed until 10 days have elapsed from the filing of the sheriff’s return, when, if no exceptions are filed, it may he confirmed without notice, does not prevent the court, in its discretion, from setting aside an order of confirmation after it has been entered without objection, upon grounds not appearing on the face of the record.</p> <p>3. Where it was shown that land was sold at a foreclosure sale for one-tenth of its actual value, and that the defendant lived in another county, and had no actual knowledge of the sale until after it had been confirmed, but had reason to suppose that plaintiff would bid the amount of his decree, such facts will justify the court in ordering a resale, where a motion therefore is promptly made, and security given that a bid will be made sufficient to pay plaintiff’s claim.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting a sale under a decree of foreclosure should be governed by equitable rules
- noting a sale under a decree of foreclosure should be governed by equitable rules
Source: CourtListener parenthetical corpus (CC0).
Judges: Haney
Read full opinion on CourtListenerCited by
7 cases in this archive cite this case.
- Calhoun v. BryantSouth Dakota Supreme Court· 1911-11-14· cited 38×
- Kirby v. Circuit CourtSouth Dakota Supreme Court· 1897-05-12· cited 11×
- Kinkaid v. RossaSouth Dakota Supreme Court· 1913-05-20· cited 6×
- South Dakota Housing v. MeinhardtSouth Dakota Supreme Court· 2008-08-13· cited 2×
- Russell v. WhitcombSouth Dakota Supreme Court· 1901-04-23· cited 2×
- DJBAS LIVING TRUST v. MeinhardtSouth Dakota Supreme Court· 2008-08-13
- Kirby v. DrapeauSouth Dakota Supreme Court· 1914-07-06
Cites
5 cases in this archive are cited by this case.
- Randall v. Burk TownshipSouth Dakota Supreme Court· 1893-11-24· cited 70×
- Weber v. TschetterSouth Dakota Supreme Court· 1890-06-25· cited 28×
- First National Bank v. Black Hills Fair Ass'nSouth Dakota Supreme Court· 1891-05-28· cited 16×
- Bailey v. ScottSouth Dakota Supreme Court· 1890-12-03· cited 8×
- Jesup v. City Bank of RacineWisconsin Supreme Court· 1862-10-11· cited 7×
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.