Whitney Loan & Trust Co. v. Brown
South Dakota Supreme Court
Appeal from Circuit 'Court, Minnehaha County. Hon. Joseph-W. Jones, Judge. Action by The Whitney Loan ■& Trust Company, a corporation, against Clive F. Brown and others, r.o foreclose a realty mortgage. From a judgment dismissing the action upon findings that the mortgage was void for fraudulent material' alteration thereof after execution, and from an order denying a new trial upon ground of newly-discovered evidence, plaintiff appeals.
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Appeal from Circuit 'Court, Minnehaha County. Hon. Joseph-W. Jones, Judge. Action by The Whitney Loan ■& Trust Company, a corporation, against Clive F. Brown and others, r.o foreclose a realty mortgage. From a judgment dismissing the action upon findings that the mortgage was void for fraudulent material' alteration thereof after execution, and from an order denying a new trial upon ground of newly-discovered evidence, plaintiff appeals. (2) To point two of the opinion, Respondents cited: "Scheffer, et al, v. 'Corson, et al, 5 S. D. 233.
1Opinion of the CourtPolley, J.
This action was brought -to foreclose a mortgage on 200 acres of land in Minnehaha county. The execution of the mortgage and the indebtedness the mortgage was given to secure are admitted, but the defendants claim that there was a material alteration made in the mortgage after its execution and without the knowledge or consent of the mortgagors, and that, therefore, the mortgage was wholly void, and they ask judgment dismissing the action.
The mortgage, as it appeared at the commencement of the action, purported to be a mortgage on the whole of the 200 acres of land described therein, while…
2Cases cited7 opinions
- Gaines v. WhiteSouth Dakota Supreme Court · 1891
- Wilson v. SeamanSouth Dakota Supreme Court · 1901
- State v. SouthmaydSouth Dakota Supreme Court · 1916
- Gaines v. WhiteSouth Dakota Supreme Court · 1892
- Axiom Mining Co. v. WhiteSouth Dakota Supreme Court · 1897
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3Cited by4 opinions
- Crabtree v. OndellSouth Dakota Supreme Court · 1931
- Gronseth v. BrubakkenSouth Dakota Supreme Court · 1931
- State ex rel. Bly v. WoldSouth Dakota Supreme Court · 1925
- Misel v. Cottonwood Live Stock & Loan Co.South Dakota Supreme Court · 1925