Graves v. Burch
Wyoming Supreme Court
Error to District Court, Fremont County, HoN. Charles E. WINTER, Judge. ' Action for the foreclosure of a mortgage by I. L. Burch against Cora E. Graves and another. From a judgment for plaintiff which .included an allowance of interest and attorney’s fees after tender, defendants bring error. Plaintiffs in error offered to make payment before suit and were informed that they need not worry about payment, as mortgagee did not need the money.
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Error to District Court, Fremont County, HoN. Charles E. WINTER, Judge. ' Action for the foreclosure of a mortgage by I. L. Burch against Cora E. Graves and another. From a judgment for plaintiff which .included an allowance of interest and attorney’s fees after tender, defendants bring error. Plaintiffs in error offered to make payment before suit and were informed that they need not worry about payment, as mortgagee did not need the money. Mortgagor thereafter assigned the note and mortgage to defendant in error, who commenced foreclosure proceedings; a tender of the amount due less…
1Opinion of the Court
Potter, Justice.
This is an action upon a promissory note and real estate mortgage securing the same, executed by the plaintiffs in error, Cora V. Graves and Karl DeF. Graves to one John Findlay and assigned to the defendant in error, I. L. Burch, to recover judgment upon the note for an unpaid balance due thereton and for the foreclosure of the mortgage. The note and mortgage were assigned to Burch on March 10, 1916, and the action was commenced on the following day, March 11, 190:6, and thfre was endorsed on the summons, as demanded by the precipe, the following: “'Civil action for the…
Also in this document: Concurrence.
2Cases cited21 opinions
- Wienke v. SmithCalifornia Supreme Court · 1918
- Colley v. Summers Parrott Hardware Co.Supreme Court of Virginia · 1916
- Mechanics'-American Nat. Bank v. ColemanCourt of Appeals for the Eighth Circuit · 1913
- Fourth Nat. Bank of Nashville v. StahlmanTennessee Supreme Court · 1915
- Triplett v. Second National Bank of CulpeperCourt of Appeals of Virginia · 1917
16 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Rocky Mountain Helicopters, Inc. v. Air Freight, Inc.Wyoming Supreme Court · 1989
- State Surety Co. v. Lamb Construction Co.Wyoming Supreme Court · 1981
- Meyer v. HattoWyoming Supreme Court · 2008
- Budagher v. Sunnyland Enterprises, Inc.New Mexico Supreme Court · 1977
- Combs v. WaltersWyoming Supreme Court · 1974
15 more not listed; retrieve them via the Exa API.