St. Paul Fire & Marine Ins. v. Dakota Land & Live Stock Co.
South Dakota Supreme Court
Appeal from circuit court, Brown county. Hon. A. W. Campbell, Judge. Action to foreclose a real estate mortgage. Plaintiff had judgment and defendants appeal. The facts are stated in the opinion. Under the terms of the' agreement when the insurance company sued upon the note, it had all it was entitled to, and this action, to foreclose the mortgage given to secure the note, will not lie. 17 Am. & Eng.
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Appeal from circuit court, Brown county. Hon. A. W. Campbell, Judge. Action to foreclose a real estate mortgage. Plaintiff had judgment and defendants appeal. The facts are stated in the opinion. Under the terms of the' agreement when the insurance company sued upon the note, it had all it was entitled to, and this action, to foreclose the mortgage given to secure the note, will not lie. 17 Am. & Eng. Encyc. of Law, 218; Douglas v. Eyre, 1 Gilpin U. S. D. C.; Dumont v. U. S. 98 U. S. 142; Cody v. Burns, 46 N. J. Eq. 131; White v. Miller, 54 N. W. 736; The action to foreclose was commenced two…
1Opinion of the CourtCorson, P. J.
This was an action to foreclose a real estate mortgage executed by the defendant to the plaintiff to secure the payment of a coupon note for $15,000. Judgment was entered for the plaintiff, and the defendant apppeals.
The respondent makes a preliminary objection to the consideration of this appeal by this court, for the reason that no assignment of errors, as required by rule 11 of this court, appears in the abstract. It is true that no formal assignment of *193errors is found, in the abstract, but the appellant has inserted a specification of errors, apparently prepared as part of its bill of…
2Cases cited1 opinion
- Sykes v. First National BankSouth Dakota Supreme Court · 1891
3Cited by3 opinions
- Green v. FrickSouth Dakota Supreme Court · 1910
- Bennett v. EllisSouth Dakota Supreme Court · 1900
- Federal Land Bank v. SchleySouth Dakota Supreme Court · 1940