McVay v. Tousley
South Dakota Supreme Court
Appeal from Circuit Court, Turner County. Honorable E. G. Smith, Judge. Action by William H. McVay, as administrator, etc., against Frances E. Tousley and others. Judgment for plaintiff, and defendants appeal.
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Appeal from Circuit Court, Turner County. Honorable E. G. Smith, Judge. Action by William H. McVay, as administrator, etc., against Frances E. Tousley and others. Judgment for plaintiff, and defendants appeal. A note providing for the payment of attorney’s fees if suit be commenced to collect it or foreclose the trust deed, and the suit might be commenced on the note if default was made in the payment of any coupon or interest, and to foreclose trust deed for failure to pay taxes, insure buildings, or perform any of the covenants therein, or do, or fail to do anything whereby the security…
1Opinion of the CourtHaney, J.
Early in 18S6 the defendant Frances L. Tousley and R. C. Tousley, her husband, who resided in Turner county, Dakota Territory, now one of the counties of this state, and who owned certain real property therein, executed and delivered to J. M.' Dunn, a loan broker of De Mars, Iowa, a note for $1,000, payable to the order of P. "M. Dunn, the wife of J. ’M. Dunn, at Boston on May i, 1891, and the following instrument, which was duly acknowledged and recorded in the proper county: “This indenture, made this 15th day of March, 1886, by and between Frances D. Tousley and R. C. Tousley, her husband,…
2Cases cited5 opinions
- Lamont v. . CheshireNew York Court of Appeals · 1875
- Kohn v. LaphamSouth Dakota Supreme Court · 1900
- Citizens' Bank v. ShawSouth Dakota Supreme Court · 1900
- Langmaack v. KeithSouth Dakota Supreme Court · 1905
- Pipe v. JordanSupreme Court of Colorado · 1896
3Cited by6 opinions
- Elliott v. ElliottSupreme Court of Arkansas · 1972
- Barry v. StoverSouth Dakota Supreme Court · 1906
- Houck v. HultSouth Dakota Supreme Court · 1932
- Brown v. HallSouth Dakota Supreme Court · 1913
- Driskill v. RebbeSouth Dakota Supreme Court · 1908
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