Thompson v. Browne

Citations

• 10 S.D. 344
• 73 N.W. 194
• 1897 S.D. LEXIS 72

Syllabus

<p>1. Where a mortgage sale is irregular for the reason that several parcels are sold together, it is voidable merely, andan application to vacate the sale, not made within a reasonable time, will be denied upon the ground of laches.</p> <p>2. Comp. Laws, § 5418, providing that, “if the mortgaged premises consist of distinct farms, tracts, or lots, they must be sold separately,” does not mean that two lots, upon which are an hotel and appurtenances, all having, been used as one property since their establishment, must be sold separately.</p> <p>3. An assignee for the benefit of creditors succeeds to all the rights of the assignor which are assignable, and has power to foreclose his,assignor’s mortgage by advertisement, and become a good-faith purchaser at the sale, under Comp. Laws, § 5419, authorizing a purchase by a mortgagee or his legal representative.</p>