Ellis v. Wait
South Dakota Supreme Court
Appeal from circuit court, Lincoln county. Hon Prank R. Aikens, Judge. Action to foreclose a mortgage alleged to have been executed by William S. Wait and Lucy A. Wait. From a judgment in favor of the defendant Lucy A. Wait plaintiff appeals. The facts are stated in the opinion. Parol authority is adequate to authorize the filling in of blanks in sealed instruments.
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Appeal from circuit court, Lincoln county. Hon Prank R. Aikens, Judge. Action to foreclose a mortgage alleged to have been executed by William S. Wait and Lucy A. Wait. From a judgment in favor of the defendant Lucy A. Wait plaintiff appeals. The facts are stated in the opinion. Parol authority is adequate to authorize the filling in of blanks in sealed instruments. Speake v. U. S., 9 Cranch 28; Drury v. Foster, 2 Wahl. 24; Allen v. Withrow, 110 U. S. .119; Inhabitants of South Berwick v. Huntress, 53 Me. 89; BridgportBank v. Railroad Co., 30 Conn. 274; Burnside v. Waymon, 49 Mo. 357; Field…
1Opinion of the CourtCorson, J.
This was an action to foreclose a mortgage alleged to have been executed by William S. Wait and Lucy A. Wait, his wife, on a quarter section of land in Lincoln county, to secure the payment of a promissory note for SI, 500, executed by said William S. Wait. The defendant Lucy A. Wait *457answered, alleging that she signed said mortgage in blank, and that thereafter the said plaintiff did, without right or authority from her, insert therein the name of the mortgagee and the amount purported to be secured thereby; and further alleged that the property described in the mortgage was the homestead of…
2Cases cited5 opinions
- Angle v. North-Western Mutual Life InsuranceSupreme Court of the United States · 1876
- Van Etta v. EvensonWisconsin Supreme Court · 1871
- Ayres v. ProbascoSupreme Court of Kansas · 1875
- Mahaiwe Bank v. DouglassSupreme Court of Connecticut · 1862
- Garland v. WellsNebraska Supreme Court · 1883
3Cited by4 opinions
- Lund v. ThackerySouth Dakota Supreme Court · 1904
- Kirby v. Western Wheeled Scraper Co.South Dakota Supreme Court · 1897
- Fargo v. CravensSouth Dakota Supreme Court · 1897
- Gold Bros. Security Co. v. Fidelity Trust Co.South Dakota Supreme Court · 1923