Parker v. Randolph
South Dakota Supreme Court
Appeal from circuit court, Spink county. Hon. A. W. Campbell, Judge. Action to foreclose a real estate mortgage. Judgment for defendant Lane, and plaintiff appeals. The facts are stated in the opinion. A purchaser by quitclaim deed is not bona fide and takes only the actual interest his grantor had at the time of the conveyance.
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Appeal from circuit court, Spink county. Hon. A. W. Campbell, Judge. Action to foreclose a real estate mortgage. Judgment for defendant Lane, and plaintiff appeals. The facts are stated in the opinion. A purchaser by quitclaim deed is not bona fide and takes only the actual interest his grantor had at the time of the conveyance. Steele v. Sioux, 79 la. 339; Springer v. Bartle,- 46 la. 690; Gress v. Evans, 1 Dak. 387; Postel v. Palmer, 71 la. 157; Peters v. Carter, 80 Mich. 124; Eaton v. Trowbridge, 38 Mich. 454; Gesh v. Packwood, 34 Fed. 372; Woodward v. Jewell, 25 Fed. 691; Peaks v. Blethen,…
1Opinion of the CourtFuller, J.
This was an action to' foreclose a mortgage on the premises in controversy, executed by the defendant William J. Randolph and his wife to C. F. Emery on the 27th day of December, 1884, to secure their promissory note of $1,200, *551of even date therewith. The complaint is in the usual form; and alleges on information and belief that the defendants George A. Poe, C. P. Emery, and I. Remsen Lane have or claim to have an interest in the premises, which interest is alleged to be subsequent to plaintiff’s mortgage, and subject thereto. Upon the complaint and answer of defendant Lane the cause was…
2Cases cited9 opinions
- Barnes v. CamackNew York Supreme Court · 1847
- Peters v. CartierMichigan Supreme Court · 1890
- Steele & Son v. Sioux Valley BankSupreme Court of Iowa · 1890
- Jones v. BamfordSupreme Court of Iowa · 1866
- Goddard v. DonahaSupreme Court of Kansas · 1889
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- Citizens' Bank v. ShawSouth Dakota Supreme Court · 1900
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