Jones v. Fidelity Loan & Trust Co.
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Frank E. Aikens, Judge. Action to recover damages. Judgment for plaintiff, and defendant appeals. The facts are stated in the opinion. Where a mortgagee is not guilty of unreasonably refusing a discharge, the statutory penalty will not be enforced.
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Appeal from circuit court, Minnehaha county. Hon. Frank E. Aikens, Judge. Action to recover damages. Judgment for plaintiff, and defendant appeals. The facts are stated in the opinion. Where a mortgagee is not guilty of unreasonably refusing a discharge, the statutory penalty will not be enforced. Huxford v. Eslon, 53 Mich. 179. Every state possesses exclusive jurisdiction and sovereignty over persons and property within its territory, and no state can exercise direct jurisdiction and authority over persons or property without its territory. P.ennoyer v. Neff, 95 U. S. 714; D’Arcy v. Ketchum,…
1Opinion of the CourtCorson, P. J.
This was as action brought by the plaintiff to .recover from the defendant $50 actual damages and $200 penalty for its refusal to give certificate of discharge of two mortgages, under the provisions of section 4365, Comp. Laws. A trial was had before a jury, resulting in a verdict and judgment for the plaintiff for $25 damages and $200 penalty, and the defendant appeals.
The facts in this case, briefly stated are as follows: On April 1, 1887, Leonard F. Davis and wife and the plaintiff, Jones, and wife executed a note and mortgage to the defendant for $1,500, payable in five years from date.…
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