Northwestern Mortgage Trust Co. v. Bradley

Citations

• 9 S.D. 495
• 70 N.W. 648
• 1897 S.D. LEXIS 97

Syllabus

<p>1. In a suit to recover land, the validity of foreclosure proceedings under which plaintiff claims cannot be attacked on the ground of usury.</p> <p>2. Nor can such defense be indirectly pleaded by alleging that the foreclosure was for an amount in excess of that due, the notice of sale having stated the amount due according’ to the terms of the note secured.</p> <p>3. Application to vacate a foreclosure sale by advertisement on the ground of inadquacy of price, or that separate parcels were sold an masse, comes too late where made over four months after the period of redemption has expired, and no excuse is shown for the delay.</p>