Stackpole v. Dakota Loan & Trust Co.
South Dakota Supreme Court
Appeal from circuit court, Spink county; 'A. W. Campbell, Judge. Action to foreclose a mortgage. From a judgment against defendant company for only part of the sum claimed, plaintiff appeals. The facts are stated in the opinion.
1Opinion of the CourtFuller, J.
On the 4th day of October, 1887, Sidney Harrington, the defendant Martin’s grantor, executed and delivered to the defendant, the Dakota Loan and Trust Company a mortgage on real estate to secure the payment of his promissory note for $700, and interest, of even date, and due five years thereafter. Plaintiff, the assignee of the mortgagee, brings this action, more than two years after the maturity of the debt, for the purpose of foreclosing the mortgage, and to secure a deficiency judgment against the defendant loan company upon its written guaranty, as follows: “For value received, the *390Dakota…
2Cases cited1 opinion
- Hammond v. ChamberlinSupreme Court of Vermont · 1854
3Cited by2 opinions
- Donovan v. DicksonNorth Dakota Supreme Court · 1917
- Hanna v. StroudSouth Dakota Supreme Court · 1900