Hickey v. Richards
Supreme Court Of The Territory Of Dakota
Appeal from the District Cov/t't of Minnehaha County. All the material facts are stated in the opinion. The assignment of a debt carries with it the security: Civil Code, Sec. 1727; 1 Jones on Mort., 812, 813, 817, 81Í, 787. There being no written assignment the defendant had no authority to sell the premises, and his attempted foreclosure was utterly illegal: Civil Code, Sec. 313; Code of Civil Proc., Sec. 589; Morrison v. Mendenhall, 18 Minn., 232.
1Opinion of the CourtPalmer, J.
This action was brought in the District Court for Minnehaha county by the respondent, Hickey, against the appellant, Richards, to restrain the sale of a tract of land situate in Minnehaha county, and to obtain the release of a mortgage on the same land.
The case below was tried by the Court; judgment was rendered for the plaintiff, and the cause comes to this court by appeal.
It appears from the record that on or about the 29th day of March, 18^9, one Ered. A. Taylor executed to H. L. Hollister, (one of the firm of J. B. Young & Co.) a note, securing the same by mortgage upon the N. W. ¿ of…
2Cited by3 opinions
- Hebden v. BinaNorth Dakota Supreme Court · 1908
- Langmaack v. KeithSouth Dakota Supreme Court · 1905
- Crawford State Bank v. DanksSouth Dakota Supreme Court · 1932