Dakota Loan & Trust Co. v. Parmalee
South Dakota Supreme Court
Appeal from circuit court, Marshall county. • Hon. A. W. Campbell, Judge. Action to foreclose a real estate mortgage. Judgment for plaintiff, and defendant Parmalee appeals. The facts are stated in the opinion. Where a mortgage is gives upon real estate upon which a building is situated at the time the mortgage is given, the lien of the mortgage upon the buildingis extinguished by the removal of the said building from the land.
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Appeal from circuit court, Marshall county. • Hon. A. W. Campbell, Judge. Action to foreclose a real estate mortgage. Judgment for plaintiff, and defendant Parmalee appeals. The facts are stated in the opinion. Where a mortgage is gives upon real estate upon which a building is situated at the time the mortgage is given, the lien of the mortgage upon the buildingis extinguished by the removal of the said building from the land. Buckout v. Swift, 27 Cal. 434; Hill v. Gwin, 5t> Cal. 47; Harris v. Barmore, 78 Ky. 568; Pierce v. Goddard, 39 Mass. 559; Bank v. Knaff, 22 La. Am: 117. Fixtures when…
1Opinion of the CourtKellam, J.
This is an action to foreclose a real estate mortgage. The only question in the case is whether the lien of the mortgage extends to a building removed from the mortgaged premises subsequently to the giving of the mortgage. The facts, being agreed upon, were adopted by the court as findings of fact, and are as follows: In May, 1887, defendants Emmons L. Howe and Marietta, his wife, made a mortgage to respondent on lot 16, block 21, in the town of Britton, upon which there is due and • unpaid about $900. That when the mortgage was so given the mortgaged premises consisted of said lot and a…
2Cases cited5 opinions
- Latham v. . BlakelySupreme Court of North Carolina · 1874
- Dorr v. DudderarIllinois Supreme Court · 1878
- Clark v. ReyburnSupreme Court of Kansas · 1863
- Hamlin v. ParsonsSupreme Court of Minnesota · 1866
- Partridge v. HemenwayMichigan Supreme Court · 1891
3Cited by4 opinions
- Marshall v. GilmanSupreme Court of Minnesota · 1892
- Mills v. PopeMontana Supreme Court · 1931
- Sanford v. KunkelUtah Supreme Court · 1906
- Walch v. BeckSupreme Court of Iowa · 1941