Opinion
File No. 8293.
Opinion filed April 10, 1940.
Appeal and Error — Costs.
Where order extending period of redemption from mortgage foreclosure sale to March 1, 1940, under provisions of statute, had expired by its own terms, appeal would be dismissed without cost to either party on ground that "moot question" was presented. Laws 1939, c. 145.
Appeal from Circuit Court, Beadle County; Hon. Boyd M. Benson, Judge.
Action by Oscar Edd and another against the Home Owners' Loan Corporation of Washington, District of Columbia. From an order entered therein in favor of plaintiff, the defendant appeals.
Appeal dismissed.
Walter Conway, of Sioux Falls (Ray E. Dougherty, of Omaha, Neb., of counsel), for Appellant.
Longstaff Gardner, of Huron, for Respondents.
The trial court extended the period of redemption from mortgage foreclosure sale to March 1, 1940, under the provisions of Chapter 145, Laws of 1939. The order having expired by its own terms, the questions presented on this appeal have become moot and the appeal is dismissed without costs to either party. Cf., Christiansen v. Prudential Life Insurance Company, 66 S.D. 404, 284 N.W. 437.
All the Judges concur.