Houts v. Olson
Houts v. Olson, 85 N.W. 1015 (S.D. 1901)
Syllabus
Comp. Laws, § 4856, relative to the time of commencing actions other than for the recovery of real estate, declares' that “an action for relief not hereinbefore provided for” must he commenced within ten years after the cause of action shall have accrued. Held, that an action for an accounting under a mortgage and to redeem from foreclosure was governed hy such section.
Summary
Appeal from circuit court, Turner county. Hon. E. G. Smith, Judge.
Suit by W. A. Houts and others against Christ Olson to redeem certain lands from a mortgage thereon, and for an accounting of rents and profits, suit being commenced more than io years after foreclosure sale, and more than ten years before the commencement of continued possession of the premises on the part of the purchaser at mortgage sale, and defendant claiming under him. From a decree in favor of defendant, complainants appeal.
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Opinion of the Court
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Handy, J.
This action not having been commenced within ten years after the cause accrued, it is, for the reasons given in Houts *476 v. Hoyne, 14 S. D.—, 84 N. W. 773 , barred under Section 4856, Comp. Laws, and the judgment of the circuit court is affirmed.
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