Scottish-American Mortg. Co. v. Russell
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action by the Scottish-American Mortgage Company,_ Limited, against F. Ida Russell. Judgment for defendant. Plaintiff appeals.
1Opinion of the CourtCorson, P. J.
This is an action for an injunction to enforce payment for a party wall, and was tried upon an agreed statement of facts. From a judgment in favor of the defendant, and order denying a new trial, the plaintiff has appealed.
The plaintiff is the' owner of lot 18, and the defendant of the adjoining lot 17, in a block in the city of Sioux Falls. In June, 1889, Andrew E. Phillips was the owner of lot 18, and Patrick Hare was the owner of lot 17, and they entered into a party-wall contract; but this contract was not recorded until after Hare had conveyed lot 17 to the grantor of the defendant. Soon…
2Cases cited12 opinions
- Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
- Mott v. . OppenheimerNew York Court of Appeals · 1892
- Conduitt v. RossIndiana Supreme Court · 1885
- King v. WightMassachusetts Supreme Judicial Court · 1892
- Sharp v. CheathamSupreme Court of Missouri · 1885
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3Cited by4 opinions
- Hawkes v. HoffmanWashington Supreme Court · 1909
- Sejnoha v. BuchananSouth Dakota Supreme Court · 1946
- Citizens Bank & Trust Co. v. SpilosSouth Dakota Supreme Court · 1939
- City Nat. Bank of Duncan v. SoderbergSupreme Court of Oklahoma · 1935