Baker v. Baker
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Frank E. Aikens, Judge. Action brought by plaintiff to establish an equitable lien upon certain real estate belonging to the defendnat Annie Baker, to secure the sum of $550.00, which plaintiff alleged was loaned.to both'the defendants, who- were husband and wife. The defendants answered denying that the money was borrowed jointly, but admitting that the defendant George A. Baker had borrowed the sum. Plaintiff had judgment.
Read the full summary
Appeal from circuit court, Minnehaha county. Hon. Frank E. Aikens, Judge. Action brought by plaintiff to establish an equitable lien upon certain real estate belonging to the defendnat Annie Baker, to secure the sum of $550.00, which plaintiff alleged was loaned.to both'the defendants, who- were husband and wife. The defendants answered denying that the money was borrowed jointly, but admitting that the defendant George A. Baker had borrowed the sum. Plaintiff had judgment. Defendants appealed. The facts are fully stated in the opinion. The finding that there was an agreement on the part of…
1Opinion of the CourtKerram, P. J.
This is an equitable action in which plaintiff alleges that on or about the 31st day of December, 1887, at the solicitation of defendants, who are husband and wife, she advanced to them the sum of $550 to pay off a mortgage of that amount on certain lands, the title to which was in defendant Annie Baker; that defendants agreed that upon receipt of said money and payment of said mortgage they would immediately execute to plaintiff a mortgage therefor upon the same land, to become due January 1, 1889, with interest at 7 per cent; that said money was so loaned and advanced in pursuance of such…
2Cases cited7 opinions
- Geib v. ReynoldsSupreme Court of Minnesota · 1886
- Crippen v. ChappelSupreme Court of Kansas · 1886
- Levy v. MartinWisconsin Supreme Court · 1880
- Wilton v. MayberryWisconsin Supreme Court · 1889
- Irvine v. ArmstrongSupreme Court of Minnesota · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Foster Lumber Co. v. Harlan County BankSupreme Court of Kansas · 1905
- Rutherford Nat. Bank v. H.R. Bogle Co.New Jersey Court of Chancery · 1933
- Louisville Joint Stock Land Bank v. Bank of PembrokeCourt of Appeals of Kentucky (pre-1976) · 1928
- Butler Brothers Co. v. LevinSupreme Court of Minnesota · 1926
- Laffranchini v. ClarkNevada Supreme Court · 1915
13 more not listed; retrieve them via the Exa API.