Yankton Building & Loan Ass'n v. Dowling
South Dakota Supreme Court
Appeal from circuit court, Yankton county; Hon. E. G. Smith, Judge. Forcible entry and detainer. Plaintiff had judgment and defendant Dowling appeals. The facts are stated in the opinion. The contract and deeds were given as mere security and were therefore nothing more nor less than a mortgage; the legal title did not pass and the plaintiff had a mere lien, without right of possession.
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Appeal from circuit court, Yankton county; Hon. E. G. Smith, Judge. Forcible entry and detainer. Plaintiff had judgment and defendant Dowling appeals. The facts are stated in the opinion. The contract and deeds were given as mere security and were therefore nothing more nor less than a mortgage; the legal title did not pass and the plaintiff had a mere lien, without right of possession. Smith v. Smith, 80 Calif. 323; Taylor v. McLain, 64 Id. 514; Healey v. O’Brien, 66 Id. 519; Booth v. Haskins, 70 Id. 271; Malloy v. Malloy, 52 N. W. 1097; McKenna v. Whittaker, 9 S. D. 442, 69 N. W. 587;…
1Opinion of the Court
Haney. J.
This action of forcible detainer was commenced in justice’s court, and certified to the circuit court, wherein plaintiff recovered judgment for possession. Defendant Dowlling appealed.
From the findings of the trial court it appears that defendant Bordeno owned certain realty, which he had contracted to convey to defendant Dowling upon payment of an agreed price. For the purpose of complying with this contract, Dowling applied to plaintiff for a loan, and proposed that it should pur*537chase the realty of Bordeno for 84,000, and enter into a contract with Dowling to convey the same to him…
2Cases cited5 opinions
- Mahoney v. BostwickCalifornia Supreme Court · 1892
- Raynor v. DrewCalifornia Supreme Court · 1887
- Coburn v. BrooksCalifornia Supreme Court · 1889
- Locke v. MoultonCalifornia Supreme Court · 1892
- Smith v. SmithCalifornia Supreme Court · 1889
3Cited by5 opinions
- Yankton Building & Loan Ass'n v. DowlingSouth Dakota Supreme Court · 1898
- Shimerda v. WohlfordSouth Dakota Supreme Court · 1900
- Bickert v. Cargill Elevator Co.South Dakota Supreme Court · 1936
- State v. MelletteSouth Dakota Supreme Court · 1902
- Graves v. WheatonSouth Dakota Supreme Court · 1962