Stacy v. Smith

Citations

• 9 S.D. 137
• 68 N.W. 198
• 1896 S.D. LEXIS 121

Syllabus

<p>An agent of the holder of a mortgage, who was a nonresident, forwarded the mortgage, for foreclosure under a power of sale, to one of two claimants of the office of sheriff, under the mistaken belief that he was the legal sheriff. The other claimant, who was in fact the legal incumbent, without authority of the owner of the mortgage, and without possession of any of the papers in the matter, proceeded to sell the property in accordance with the published notice of foreclosure, and, while it was of the value of $600, sold it for $10.60, the amount of his costs and expenses. Held, that such sale would be set aside on the grounds of mistake and gross inadequacy of price.</p>