Roberts v. Parker
Citations
- 14 S.D. 323
- 85 N.W. 591
- 1901 S.D. LEXIS 19
Syllabus
<p>1. Comp. Laws, § 4358, provides that a mortgagee is not entitled to the possession of the property unless authorized by the express terms of the mortgage; and Section 4330 specifies that notwithstanding an agreement to the contrary, a lien transfers no title to the property subject to the lien. Comp. Laws, § 5015, prescribes that a receiver may he appointed in foreclosure, where the mortgaged property is in danger of being lost or materially injured, or the property is probably insufficient to discharge the debt. Section 17 requires that, if the provisions of one Code conflict with those of another Code, the provisions of each Code must prevail as to all matters arising thereunder. Held, that ihe court had authority to appoint a receiver on foréelosure, where the conditions of the mortgage had not been performed, and the property was probably insufficient to discharge the mortgage debt.</p> <p>2. Under Comp. Laws, § 5015, providing that a receiver may be appointed in foreclosure where the mortgaged property is in danger of being lost or materially injured, or the property is probably insufficient to discharge the mortgage, the insolvency of the mortgagor is not a prerequisite condition to the appointment of a receiver.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a pre-competency restoration detention is subject to Jackson’s “reasonable relation” requirement
- observing that dismissal may be the only available remedial action where the government fails to comply with a court order to hospitalize an incompetent defendant
- finding that government violated Jackson by failing to place the defendant in an appropriate facility for nearly six months after commitment but declining to order dismissal
- remanding to district court with instructions to order the Attorney General to hospitalize the defendant within seven days
- “the district court possesses supervisory authority to order the government to rectify violations of law with remedies shaped to redress the corresponding injury”
Source: CourtListener parenthetical corpus (CC0).
Judges: Haney
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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