Trenery v. American Mortgage Co.

Citations

• 11 S.D. 506
• 78 N.W. 991
• 1899 S.D. LEXIS 29

Syllabus

<p>1. Under Laws 1895, Chap. 131, providing that notice of foreclosure sale may be published in any newspaper of the county having a bona fide circulation of 200 weekly copies, etc., a notice of sale, published in a paper complying with the statutory requirements, was not invalid merely because it was not published in a paper printed at the county seat, and nearer the mortgaged premises.</p> <p>2. Under Comp. Laws, § 5154, providing that property sold at foreclosure sale may be redeemed within one year from the date of sale, mortgagor is not entitled to one year from the date of the certificate of sale-and delivery of the duplicate to the purchaser.</p> <p>3. If a foreclosure sale is fairly and regularly conducted, it will not be set aside for mere inadequacy of price.</p>