Pioneer Savings & Loan Ass'n v. Wilkins
South Dakota Supreme Court
Appeal from circuit court, Marshall county. Hon. A. W. Campbell, Judge. Action by the Pioneer Savings & Loan Association against Albert Lawrence, Jr., Jennie Lawrence, and Till L- Wilkins, to foreclose a real estate mortgage. Judgment for plaintiff, and defendants’appeal. The contract in question has been carried out by the defendants, and if it is to be enforced at all it must be enforced as made and all its terms and provisions must govern.
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Appeal from circuit court, Marshall county. Hon. A. W. Campbell, Judge. Action by the Pioneer Savings & Loan Association against Albert Lawrence, Jr., Jennie Lawrence, and Till L- Wilkins, to foreclose a real estate mortgage. Judgment for plaintiff, and defendants’appeal. The contract in question has been carried out by the defendants, and if it is to be enforced at all it must be enforced as made and all its terms and provisions must govern. Kadish v. Association, 38 N. E. 236. The plea of ultra vires is looked upon with disfavor by the courts when presented by a corporation seeking to avoid…
1Opinion of the CourtCorson, J.
This is an action by the plaintiff, a Minnesota corporation, to foreclose a mortgage upon real estate owned by the defendants Albert Lawrence, Jr., and Jennie Lawrence, and situated in the town of Britton, in this state. The defendants, in their answer, plead payment of said mortgage in full; also usury. As a third-defense and counterclaim, the defendant Lawrence alleges that at the time of making said notes and mortgage the defendant Till L. Wilkins was the owner and holder of ten shares of stock in the plaintiff association, for which the plaintiff had issued to her a certificate, in which…
2Cases cited2 opinions
- Pioneer Savings & Loan Co. v. Peck & FlyCourt of Appeals of Texas · 1898
- Pioneer Savings & Loan Co. v. PancoastCourt of Appeals of Texas · 1897
3Cited by3 opinions
- Field v. Eastern Building & Loan Ass'nSupreme Court of Iowa · 1902
- Hammerquist v. Pioneer Savings & Loan Co.South Dakota Supreme Court · 1901
- Pioneer Savings & Loan Co. v. DyerSouth Dakota Supreme Court · 1901