Work v. Braun

Citations

• 19 S.D. 437
• 103 N.W. 764
• 1905 S.D. LEXIS 63

Syllabus

<p>1. Under the Code, making judgment debtors and their successors in interest redemptioners of the first class and creditors - having a subsequent lien by judgment or mortgage on the property sold redemptioners of the second class, where the value of property redeemed by a subsequent mortgagee exceeds the amount of his claim after crediting him with the amount expended in redeeming, the mortgagor’s debt to the redemptioner is satisfied and his mortgage extinguished.</p> <p>2. The matter of reopening a case to let in evidence casually omitted rests largely in the discretion of the trial court, especially when trying á case without a jury; and unless there is clearly an abuse of discretion the ruling will not be disturbed on appeal.</p>