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14 S.D. 221

Walters v. Bernard

South Dakota Supreme Court

Decided February 15, 1901

South Dakota Supreme Court · decided 1901-02-15

<p>Appeal from circuit court, Union county, Hon. Joseph W. Jones, Judge.</p> <p>Action by John Walters against Charles Bernard and others. From a judgment for defendants, plaintiff appeals.</p>

Cited by 2 later decisions — most recently January 1931

2 state decisions

Relies on State v. Yokum

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1901-02-15

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Corson, J.

¶1This is an action brought by the plaintiff for an accounting and leave to redeem from a certain mortgage executed upon property described in the complaint. The court below held that the action was barred by the statute of limitations and the plaintiff has appealed. As the facts found by the court bearing upon the *222defense of the statute of limitations and the questions presented are practically the same as those found in the case of Houts v. Hoyne (recently decided by this court), 14 S. D. 84 N. W. 773, a further discussion of the questions involved will not be necessary; and, ruled by that decision, the judgment of the circuit court is affirmed.

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