Guillaume v. Flannery
South Dakota Supreme Court
Appeal from Circuit Court, Union County. Hon. J. W. Jones, Judge. Action by George Guillaume against James Flannery, administrator of Lenora La Belle, deceased. From a judgment granting insufficient relief, both parties appeal.
1Opinion of the CourtHaney, J.
The allegations of the complaint are to the effect that the plaintiff procured a loan of $4,000, at Sioux City, *2Iowa, on October 12, 1901, which was evidenced by a note payable three years after date, with interest at 5 per cent., and secured b), a mortgage on real property in Iowa, owned by the plaintiff, other than his homestead, the mortgage having been signed by his wife and recorded in the proper county; that the plaintiff received $2,-000, the mortgagee by agreement retaining $2,000, to be paid to plaintiff, whenever demanded; that the amount so retained was not demanded during the life…
2Cited by4 opinions
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