Obern v. Gilbert
Supreme Court Of The Territory Of Dakota
APPEAL from the district court, Lawrence county; Hon. W. E. Church, Judge. This was an action by George Obern against Sarah A. Gilbert and. Nathan S. Gilbert, to foreclose a mortgage. The mortgage was given to secure the payment of fourteen promissory notes of $114.28 each. It was dated September 1, 1878, matured in fifteen months, and was upon three lots, one of which was a homestead.
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APPEAL from the district court, Lawrence county; Hon. W. E. Church, Judge. This was an action by George Obern against Sarah A. Gilbert and. Nathan S. Gilbert, to foreclose a mortgage. The mortgage was given to secure the payment of fourteen promissory notes of $114.28 each. It was dated September 1, 1878, matured in fifteen months, and was upon three lots, one of which was a homestead. It contained a provision that upon the payment of $1,000, the homestead lot should be released. After nine of the notes had been paid, and there had been a default as to the balance, this action was brought to…
1Opinion of the Court
By the Court :
This case is reversed on the ground that the district court erred in subjecting the homestead lot to the mortgage, it having been discharged therefrom by payment under the terms of the mortgage. There was no breach of the covenants of the mortgage upon which the mortgagee could recover.
All concur.
2Cited by1 opinion
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