Russell v. Wright
South Dakota Supreme Court
Appeal 'from Circuit Court, Hutdhinson County. Hon. E. G. Smith, Judge. Action by' M. Russell (against Anna P. Wright .and another. Judgment for plaintiff. Defendants appeal. The mortgage is merely an appurtenance to and security for ■the note. The latter is the evidence of the debt; it is the obligation of the debtor to pay a specified sum of money. The mortgage is given to secure the payment of the note, and is therefore only the mere incident following the debt.
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Appeal 'from Circuit Court, Hutdhinson County. Hon. E. G. Smith, Judge. Action by' M. Russell (against Anna P. Wright .and another. Judgment for plaintiff. Defendants appeal. The mortgage is merely an appurtenance to and security for ■the note. The latter is the evidence of the debt; it is the obligation of the debtor to pay a specified sum of money. The mortgage is given to secure the payment of the note, and is therefore only the mere incident following the debt. Rothchild v. Rio G. W. Railway Co., 32 N.-Y. Supp. 37; Fletcher v. Daugherty, 13 Neb. 224; New E. M. S. Co. v. Casebier, 3 Kans.…
1Opinion of the CourtCorson, J.
This action "was instituted to foreclose a commission mortgage. From a judgment of foreclosure, rendered in favor of thé plaintiff, the defendants have appealed.
On October 19, 1894, the defendants borrowed of the Union Central Rife Insurance Company $1,000 at 7 per cent, per annum, payable annually, and secured the same by a note and real estate mortgage due in 10 years. The loan was negotiated by the plaintiff, for whose services the defendants executed and delivered to him two notes each for $100, and secured the same by a second mortgage upon .the premises upon which the $1,000 loan was…
2Cases cited5 opinions
- Chicago Railway Equipment Co. v. Merchants' BankSupreme Court of the United States · 1890
- Merrill v. HurleySouth Dakota Supreme Court · 1895
- Hollinshead v. John Stuart & Co.North Dakota Supreme Court · 1898
- Morling v. BronsonNebraska Supreme Court · 1893
- Thomas v. MillerSupreme Court of Minnesota · 1888
3Cited by2 opinions
- Minn Billiard Co. v. SchwabWisconsin Supreme Court · 1922
- In re BunkeUnited States Bankruptcy Court, D. South Dakota · 1994