Scaman v. Galligan

Citations

• 8 S.D. 277
• 66 N.W. 458
• 1896 S.D. LEXIS 28

Syllabus

<p>1. A mortgage executed by a party who has been enjoined from transferring or encumbering his property, real and personal, until the further order of the court, is not valid as against the interest of the plaintiff, in whose behalf the injunction order was granted, in the hands of a party having actual notice of the injunction order at the time the mortgage was so executed.</p> <p>2. Where property of a judgment debtor has been sold for less than the amount of the judgment, and redeemed from such sale by the judgment debtor, the property may again be sold on a second execution issued on the same judgment for the balance due thereon.</p> <p>3. It is not essential that the jurisdiction of a superior court should affirmatively appear in the judgment roll. If it does not, and the contrary does not therein affirmatively appear, jurisdiction will be presumed.</p> <p>(Syllabus by the Court.</p>