State v. Mellette
South Dakota Supreme Court
Appeal from Circuit Court, Codington County. Hon. 'Georgb H. Marouis, Judge. Action by the state against Margaret W. Mellette. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. The fact that there is a surety for one of the debts does not preclude the creditor from applying a payment- so received to the debt for which he has no- security.
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Appeal from Circuit Court, Codington County. Hon. 'Georgb H. Marouis, Judge. Action by the state against Margaret W. Mellette. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. The fact that there is a surety for one of the debts does not preclude the creditor from applying a payment- so received to the debt for which he has no- security. Harding v. Tifft, 75 N. Y. 461; -Allen v. Culver, 3 Den. 285; Stone v. Seymour, 15 Wend. 20; Alexander v. U. S., 6 C. C. A. 602. Creditors may apply payments on unsecured debts in order to hold sureties on others. 2…
1Opinion of the CourtCorson, J.
This action was originally commenced as an action to determine adverse claims to certain lands in Codington county, to which the state claimed to be the owner, under and by virtue of a certain deed executed by A. C. Mellette and Margeret W. Mellette, his wife, to one W. W. Taylor, and by him conveyed to the state upon the theory that the absolute title was thereby conveyed to the state. The state recovering in the action, an appeal was taken to this court by the defendant, Margaret W. Mellette, and the judgment of the lower court was reversed, upon the ground that said deed from A. C.…
2Cases cited2 opinions
- Hawley v. BradfordNew York Court of Chancery · 1841
- State v. MelletteSouth Dakota Supreme Court · 1902