Thurber v. Miller

Citations

• 11 S.D. 124
• 75 N.W. 900
• 1898 S.D. LEXIS 86

Syllabus

<p>1. The creation of a receivership and the appointment oí a receiver thereunder by a United States court, which is reversed on appeal on, the ground that the court had no jurisdiction, is absolutely void, even when attacked collaterally in a state court, since the decision is conclusive, and hence there is no defacto receiver.</p> <p>2. Failure to present a claim for a deficiency after a sale of mortgaged property, against the estate of deceased mortgagor, within six months from the time of giving notice to creditors to present their claims, precludes the mortgagee from obtaining a deficiency judgment, under Comp. Laws, 15790, requiring the claim to be presented in such cases within one month after the deficiency is ascertained.</p>