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35 S.D. 334

Hoy v. Louden

South Dakota Supreme Court

Decided April 15, 1915

South Dakota Supreme Court · decided 1915-04-15

Hon. Alva E-Taylor, Judge. Action -by S. A. Hoy and others against William Louden, in which W. A. Hazle, as Trustee in Bankruptcy of William Louden, intervened. From a judgment for plaintiff, and from an order denying a new trial, the intervenor appeals.

Relies on Hollenbeck v. Louden

Affirmed · Decided 1915-04-15

McCOY, P. J.

¶1The questions involved in this action are very similar to those in Hollenbeck v. Louden et al, 35 S. D. 320, 152 N. W. 116, heretofore decided. B-oth appeals were argued together. The opinion in the Hollenbeck case applies to this case as well. The judgment entered in this case is, in effect, in no manner in conflict with the decision in the Hollenbeck case. The intervening creditors, whose claims accrued during the time the Hollenbeck mortgage was withheld from record, dis*335place Hollenbeck as to a portion of his debt secured by the first mortgage.

¶2The judgment appealed from is affirmed.

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