Opinion
File No. 7936.
Opinion filed March 19, 1937.
Appeal and Error.
Questions presented by appeal from order extending period of redemption held moot when order extending period of redemption expired by its own terms and hence appeal was required to be dismissed (Laws 1935, c. 178, § 11).
Appeal from Circuit Court, Moody County; HON. JOHN T. MEDIN, Judge.
Proceeding in the matter of the foreclosure by advertisement of that certain mortgage executed by Alfred A. Loiseau and wife under date of February 5, 1929, covering the E. 1/2 of Sec. 11, Tp. 105, R. 50, Moody county, S.D., to E.H. Lougee, Inc., and recorded in the office of the register of deeds of said county and state in Book 94 of Mortgages on page 11, and thereafter assigned to the Metropolitan Life Insurance Company by assignment recorded in said office in Book 94 of Mortgages on page 165, between G.R. Krause, as special administrator, etc., and the Metropolitan Life Insurance Company. From an order extending the period of redemption, the Metropolitan Life Insurance Company appeals.
Appeal dismissed.
Fiske Morris, of Sioux Falls, for Appellant.
Krause Krause and Ervin P. Van Buren, all of Dell Rapids, for Respondent.
As in the case of Equitable Life Assurance Society v. Pendar et al, 65 S.D. 129, 272 N.W. 176, this day filed, the questions involved in this case arise under the so-called Moratorium Act of 1935 (chapter 178, Laws 1935). The order entered extended the period of redemption to March 1, 1937.
The order having expired by its own terms, the court is of the opinion that the questions presented on this appeal have become moot, and that the appeal therefore should be dismissed without cost to either party, as provided in section 11 of the act referred to.
Order will be entered accordingly.
All the Judges concur.