Laird-Norton Co. v. Herker

Citations

• 6 S.D. 509
• 62 N.W. 104
• 1895 S.D. LEXIS 141

Syllabus

<p>1. Upon a full compliance with the statutory requirements, the lien of one who furnishes materials for the erection of a dwelling house upon land previously mortgaged attaches to such building in preference to the mortgage, and under proceedings to enforce such lien the purchaser of the building at foreclosure Sale may remove the same within a reasonable time thereafter. Comp. Laws, 5480.</p> <p>2. The foreclosure of a mortgage upon real property by advertisement under a power of sale does not divest a superior lien, and the only effect of a sheriff’s deed thereunder is to transfer to the purchaser and grantee • the interest of the mortgagor and mortgagee.</p> <p>3. A demand for excessive relief does not defeat a recovery of that to which • a party is, under the pleadings and proof, found to be entitled.</p> <p>(Syllabus by the court.</p>