Fidelity Savings Ass'n v. Bank of Commerce
Wyoming Supreme Court
ERROR to the District Court, Sheridan County, HoN. Joseph L. Stotts, Judge. Suit to redeem from a mortgage upon real estate held by a building and loan association, in which the defendant filed a cross-petition to foreclose the mortgage. The facts are stated in the opinion.
Read the full summary
ERROR to the District Court, Sheridan County, HoN. Joseph L. Stotts, Judge. Suit to redeem from a mortgage upon real estate held by a building and loan association, in which the defendant filed a cross-petition to foreclose the mortgage. The facts are stated in the opinion. I. The court erred fundamentally in holding the contract “solely a contract of loan” and in eliminating from the transaction the contract of stock subscription and the pledge of the stock as collateral security and the contract provisions as to payment of premium and -fines and for final settlement between the parties on…
1Opinion of the Court
PotteR, Justice.
The Bank of Commerce, a corporation organized under the laws of this State, brought this suit, against The Fidelity Savings Association, a corporation organized under the laws of the State of Colorado, to redeem from a mortgage held by the defendant upon certain real estate in Sheridan County, in this State, which property .had been conveyed to the plaintiff by Anna L. Wrighter and William D. Wrighter, the mortgagors. Prior to the suit plaintiff had tendered to defendant, in payment of the indebtedness secured by the mortgage, the sum of $750, and demanded a discharge of the…
2Cases cited32 opinions
- Bedford v. Eastern Building and Loan Assn.Supreme Court of the United States · 1901
- Interstate Building & Loan Ass'n v. GoforthTexas Supreme Court · 1900
- Mills v. Salisbury Building & Loan Ass'nSupreme Court of North Carolina · 1876
- Post v. Building & Loan Ass'nTennessee Supreme Court · 1896
- Fidelity Savings Ass'n v. SheaIdaho Supreme Court · 1899
27 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Francis v. BrownWyoming Supreme Court · 1915
- Railroad Building, Loan & Savings Ass'n v. FitzpatrickSupreme Court of Kansas · 1935
- Security Building & Loan Ass'n v. ShallowMontana Supreme Court · 1934