Farmers' & Merchants' Bank v. Citizens' Nat. Bank
South Dakota Supreme Court
Appeal from Circuit Court, Roberts County. Hon. J. H. McCoy, Judge. Action by the Farmers’ & Merchants’ Bank against the Citizens’ National Bank of Sisseton and others. From tire judgment, the _ defendants appeal.
1Opinion of the CourtSmith, J.
On November 25, 1903, John Gruba and his wife’ executed a mortgage to the plaintiff bank on a quarter section of land- in Day county', to secure their two' promissory notes amounting to $1,780. By a mutual mistake in drawing up the mortgage, it described the land as in township 123, while in fact the land owned bv Gruba was in township 124, six miles distant from that described in the mortgage. This mortgage was duly recorded on September 26, 1904. Thereafter, on May 26, 1904, Gruba and his wife, to correct said mistake, executed a new mortgage identical with the first, except that the land…
2Cases cited17 opinions
- Frey v. CliffordCalifornia Supreme Court · 1872
- Gilchrist v. GoughIndiana Supreme Court · 1878
- Koon v. TramelSupreme Court of Iowa · 1887
- Allibone v. AmesSouth Dakota Supreme Court · 1896
- Adams v. DrewsSupreme Court of Louisiana · 1903
12 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Tripp v. F & K ASSAM FAMILY, LLCSouth Dakota Supreme Court · 2008