Mckenna v. Whittaker
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. A. J Plowman, Judge. Action to have two deeds absolute in form adjudged to be mortgages, and a decree permitting plaintiff to redeem the property described therein. There was a judgment for defendant, and plaintiff appeals. The facts are stated in the opinion. The provisions of Secs. 5066 and 5067, Comp. Laws, are mandatory. Gull River Lum.
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Appeal from circuit court, Lawrence county. Hon. A. J Plowman, Judge. Action to have two deeds absolute in form adjudged to be mortgages, and a decree permitting plaintiff to redeem the property described therein. There was a judgment for defendant, and plaintiff appeals. The facts are stated in the opinion. The provisions of Secs. 5066 and 5067, Comp. Laws, are mandatory. Gull River Lum. Co. v. School Disk, 48 N. W. 427. Scott & Co. v. Spaulding, 59 N. W. 867. See, also, Jandt v. Smith, 2 Dak. 46. Neither equity nor the law forbids parties making a sale of their land with a contract to…
1Opinion of the CourtHaney, J.
Plaintiff seeks to have two deeds, absolute in form, adjudged to be mortgages, and a decree permitting him to redeem the property described therein. The pleadings and proof concerning each are substantially the same. Consideration of one will dispose of both. It is alleged in the complaint that on August 18, 1891, plaintiff borrowed of defendant $100, orally agreeing to pay back to him $125 in 60 days thereafter; that, to secure such loan, plaintiff executed and delivered to defendant a mining deed of a one-tenth interest in a certain lode; that the interest on such loan was illegal and…
2Cases cited4 opinions
- Randall v. Burk TownshipSouth Dakota Supreme Court · 1893
- Gull River Lumber Co. v. School District No. 39North Dakota Supreme Court · 1890
- Jandt v. SouthSupreme Court Of The Territory Of Dakota · 1878
- Anderson v. AlsethSouth Dakota Supreme Court · 1896
3Cited by20 opinions
- McPherson v. SwiftSouth Dakota Supreme Court · 1908
- Essington v. BucheleSouth Dakota Supreme Court · 1962
- Smith v. CleaverSouth Dakota Supreme Court · 1910
- Ellens v. LindSouth Dakota Supreme Court · 1937
- In re McClellan's EstateSouth Dakota Supreme Court · 1906
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