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>