Willsie v. Rapid Valley Horse-Ranch Co.

Citations

• 7 S.D. 114
• 63 N.W. 546

Syllabus

<p>1. Tbe lien of a docketed judgment constitutes, in tbe ordinary sense of the term, an incumbrance upon real property.</p> <p>2. A judgment rendered in an action against an insolvent corporation on the day service of summons was obtained, for the full amount claimed, with costs, upon an offer made by an attorney at the suggestion of the president of said corporation, after an assignment had been made for * the benefit of creditors, and while an injunction was in full force restraining said corporation, its officers, and agents from in any manner incumbering any of its real or personal property, was properly vacated on motion of the assignee and officers of the corporation not assenting thereto, for the purpose of allowing said corporation and assignee thereof to answer and defend upon a ground' which, if established, would be amply sufficient to defeat a recovery.</p> <p>(Syllabus by the Court.</p>