Siems v. Pierre Savings Bank

Citations

• 7 S.D. 338
• 64 N.W. 167
• 1895 S.D. LEXIS 78

Syllabus

<p>1. Section 5159, Comp. Laws, providing, that “the purchaser * * * is entitled to receive from the tenant in possession tjie rents of the property sold,” etc., has no application to sales made at a mortgage foreclosure, either by advertisement or by action. Rudolph v. Herman, 56 N. W. 901, 4S. D. 283. r I'k'-' \\i-' :</p> <p>2. A mortgagee, having purchased the premises such foreclosure sale, and having, without the consent of the mortgagob, collected rents therefrom from the tenants, is liable to the mortgagor for the same.</p> <p>3. Money in the hands of one person, to which another is equitably entitled, may be recovered in a common-law action upon an implied promise, arising from the duty of the person in possession to account for and pay over the same to the person beneficially entitled. In such case no privity of contract between the parties is required, except that which results from the circumstances.</p> <p>(Syllabus by the court.</p>