Male v. Longstaff

Citations

• 9 S.D. 389
• 69 N.W. 577
• 1896 S.D. LEXIS 174

Syllabus

<p>A mortgage which recites: “It is further agreed that this mortgage or trust deed may be foreclosed by action or by advertisement, as provided by Chapter 28 of the Code of Civil Procedure of the Compiled Laws of Dakota, 1887, and this paragraph shall be deemed as authorizing and constituting a power of sale as provided in said chapter,” — may be foreclosed by advertisement, under Comp. Laws, Sec. 5411, which authorizes such foreclosure of “every mortgage containing therein a power of sale.”</p>