Meade County Bank v. Fredricks
South Dakota Supreme Court
Appeal from 'Circuit Court, Meade County. Hon. James 'McNenny, Judge. Action by The Meade County Bank of Sturgis, a corporation, against James Fredericks and another, to foreclose an equitable mortgage on realty. From- a judgment for plaintiff, and from an •order denying a new trial, defendants appeal. (2) To point two of the opinion, Respondent cited: Foster Lumber Co., v. Harlan Co. Bank, (Kas.) 80 Pac. 49.
1Opinion of the CourtWhiting, J.
Action to foreclose -mortgage on real estate. Mortgage signed by husband alone. Defense that it was invalid, because land was the homestead of mortgagor and wife and she did not join in the execution of the mortgage; also, that mortgage •was not to be effective until executed by wife. Plaintiff evidently realized the invalidity of the mortgage pleaded, because, after introducing into evidence such mortgage and the note described therein, it proceeded, as against both defendants, to introduce evidence to establish an equitable oral mortgage. The trial court •entered findings and conclusions…
2Cases cited2 opinions
- Baker v. BakerSouth Dakota Supreme Court · 1891
- Heran v. ElmoreSouth Dakota Supreme Court · 1916
3Cited by2 opinions
- Hanson v. FieslerSouth Dakota Supreme Court · 1926
- Reese v. Huron Grain & Coal Co.South Dakota Supreme Court · 1939