Parrish v. Mahany
South Dakota Supreme Court
Appeal from circuit court,,Hutchinson county. Hon, E. G. Smith, Judge. Action to foreclose a real estate mortgage.- Defendants had judgment and plaintiffs appeal. The facts are stated in the opinion. As to the time when a mortgage deed is received and re=corded, the certificate of the register is conclusive, as between the mortgagee and a creditor who has attached the mortgaged land subsequently to the time stated in the certificate.
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Appeal from circuit court,,Hutchinson county. Hon, E. G. Smith, Judge. Action to foreclose a real estate mortgage.- Defendants had judgment and plaintiffs appeal. The facts are stated in the opinion. As to the time when a mortgage deed is received and re=corded, the certificate of the register is conclusive, as between the mortgagee and a creditor who has attached the mortgaged land subsequently to the time stated in the certificate. Ames v. Phelps, 18 Pick. 314; Tracy et al. v. Jenks, 15 Id. 465. Defendant’s agent addressed a letter to the register of deeds, directing him that if the deed…
1Opinion of the CourtHaney, J.
This action is to foreclose a real estate mortgage executed by the defendants Mahany and wife. Defendant Anna Wright claims to own the realty under a conveyance executed ajid recorded prior to the execution and recording of plaintiffs’ mortgage, and that the mortgage was executed while she was in the sole, exclusive, and notorious possession and occupation of the premises. The action was tried by a referee, whose decision was accepted by the court, and judgment rendered in favor of defendant Anna Wright. A motion for a new trial having been denied, plaintiffs appeal from the judgment.
The…
2Cases cited16 opinions
- Fallass v. PierceWisconsin Supreme Court · 1872
- People ex rel. Farrington v. BristolMichigan Supreme Court · 1876
- Ely v. WilcoxWisconsin Supreme Court · 1866
- State of Connecticut v. BradishMassachusetts Supreme Judicial Court · 1817
- Trull v. BigelowMassachusetts Supreme Judicial Court · 1820
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3Cited by16 opinions
- Aberdeen Production Credit Ass'n v. Redfield Livestock Auction, Inc.South Dakota Supreme Court · 1985
- Shelby v. BowdenSouth Dakota Supreme Court · 1903
- Stephens v. FausSouth Dakota Supreme Court · 1906
- Mettel v. GalesSouth Dakota Supreme Court · 1900
- Northwestern Improvement Company v. NorrisNorth Dakota Supreme Court · 1955
11 more not listed; retrieve them via the Exa API.