Parrish v. Mahany
South Dakota Supreme Court
Appeal from circuit court, Hutchinson county. Hon. E. G-. Smith, Judge. Action to foreclose a real estate mortgage. Defendants had judgment and plaintiffs appeal. This case was first determined by this court in an opinion filed Nov. 19, 1897, reported in 10 S. D. 276, 73 N. W. 97. In' that opinion the judgment of the trial court was reversed. A rehearing was ordered January 22, 1898. This opinion is upon the rehearing.
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Appeal from circuit court, Hutchinson county. Hon. E. G-. Smith, Judge. Action to foreclose a real estate mortgage. Defendants had judgment and plaintiffs appeal. This case was first determined by this court in an opinion filed Nov. 19, 1897, reported in 10 S. D. 276, 73 N. W. 97. In' that opinion the judgment of the trial court was reversed. A rehearing was ordered January 22, 1898. This opinion is upon the rehearing. A grantee in a chain of title who finds on record a prior deed from one of his grantors is required at his peril to enquire whether his grantor or some other grantor in this…
1Opinion of the CourtHaney, J.
This is an action to foreclose a real estate mortgage executed by the defendants Mahany and wife. Respondent Wright claims the property under a conveyance executed and recorded prior to the execution and recording of plaintiff’s mortgage. The issues are stated in our former decision 10 S. D. 276, 73 N. W. 97, wherein it is held that respondent Wright’s deed must be regarded as having been recorded when it was first deposited with the register of deeds, notwithstanding it was subsequently withdrawn from the registers’s office, without respondent’s authority or consent, before it was actually…
2Cases cited8 opinions
- Sillyman v. KingSupreme Court of Iowa · 1873
- Anthony v. WheelerIllinois Supreme Court · 1889
- Prickett v. MuckWisconsin Supreme Court · 1889
- Parrish v. MahanySouth Dakota Supreme Court · 1897
- County Bank of San Luis Obispo v. FoxCalifornia Supreme Court · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- McCabe v. DesnoyersSouth Dakota Supreme Court · 1906
- McPherson v. JuliusSouth Dakota Supreme Court · 1903
- Leonard v. LeonardSouth Dakota Supreme Court · 1938
- Willard v. Monarch Elevator Co.North Dakota Supreme Court · 1901
- Muckenfuss v. Atlanta & C. A. L. Ry. Co.Supreme Court of South Carolina · 1922
2 more not listed; retrieve them via the Exa API.