Hull v. Hayward
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Suit by Julia H. Hull against Daniel Hayward, impleaded with Charles N. Fleetwood and others to foreclose a certain mortgage. Decree for plaintiff, and from that part of the decree adjudging him liable for any deficiency resulting from a sale of the mortgaged premises Daniel Hayward appeals. The facts are stated in the opinion.
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Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Suit by Julia H. Hull against Daniel Hayward, impleaded with Charles N. Fleetwood and others to foreclose a certain mortgage. Decree for plaintiff, and from that part of the decree adjudging him liable for any deficiency resulting from a sale of the mortgaged premises Daniel Hayward appeals. The facts are stated in the opinion. The purchaser of mortgaged premises who assumes the mortgage debt becomes liable to respond directly to the mortgagee for any ^jficieny in case of foreclosure. G-arnsey v. Rogers, 47 N. Y. 233;…
1Opinion of the CourtCorson, J.
This is an appeal by the defendant Daniel Hayward from the part of a decree in mortgage foreclosure proceedings adjudging him liable for any deficiency that may result from the sale of the mortgaged premises. In 1889 the *293appellant, Haywarcl, and the defendants Fleetwood and Hollister, executed to the plaintiff three promissory notes, aggregating the sum of $5,000, and to secure the same executed three several mortgages upon three separate and distinct lots owned by them as tenants in common. In May, 1891, Hollister conveyed his interest in the mortgaged premises to the appellant, who assumed…
2Cases cited4 opinions
- Eickhoff v. EikenbaryNebraska Supreme Court · 1897
- Dillaway v. PetersonSouth Dakota Supreme Court · 1898
- Clark v. DouglasNebraska Supreme Court · 1899
- Ashby v. JohnstonSupreme Court of Arkansas · 1861
3Cited by5 opinions
- Zastrow v. KnightSouth Dakota Supreme Court · 1930
- Iowa Loan & Trust Co. v. SchnoseSouth Dakota Supreme Court · 1905
- Mundt v. Messenger Publishing Co.South Dakota Supreme Court · 1920
- John Deere Plow Co. v. TuinstraSouth Dakota Supreme Court · 1924
- Wolfe v. MurphyCourt of Appeals for the D.C. Circuit · 1918