Holt v. Metropolitan Trust Co.
South Dakota Supreme Court
Appeal from circuit court, Miunebaba county. Hon. J. W. Jones, Judge. Action by Nellie Holt against the Metropolitan Trust Company of the City of New York, trustee, and others, to attack the validity of foreclosure proceedings. From an order overruling demurrer of defendant trust company, it appeals. The facts are stated in the opinion.
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Appeal from circuit court, Miunebaba county. Hon. J. W. Jones, Judge. Action by Nellie Holt against the Metropolitan Trust Company of the City of New York, trustee, and others, to attack the validity of foreclosure proceedings. From an order overruling demurrer of defendant trust company, it appeals. The facts are stated in the opinion. The certificate of acknowledgment of the notary to the assignment of mortgage from the Fidelity Loan and Trust Company to the defendant and appellant was sufficient! Wilson v. Russell, 4 Dak. 376; Wilbur v. Nelson, 86 la. 453; Bennett v. Knowles, 68 N. W. Ill;…
1Opinion of the CourtHaney, J.
This appeal involves the validity of a real estate mortgage foreclosure by advertisement. It seems to be conceded by counsel that the validity of the foreclosure proceeding depends upon the sufficiency of the certificate of acknowledgment of á certain assignment of the mortgage which was recorded in the proper county. Such assignment and certificate are as follows:
*458“For value received, the Fidelity Loan and Trust Company of Sioux City, Iowa, does hereby transfer and set over unto the Metropolitan Trust Company of the City of New York, trustee, all its right, title and interest, in and to a…
2Cases cited1 opinion
- Cannon v. DemingSouth Dakota Supreme Court · 1892
3Cited by5 opinions
- First National Bank of Casselton v. Casselton Realty & Investment Co.North Dakota Supreme Court · 1919
- Toledo Computing Scale Co. v. Computing Scale Co.Court of Appeals for the Seventh Circuit · 1913
- Jensen v. AndrewsSouth Dakota Supreme Court · 1917
- Johnson v. KnappeSouth Dakota Supreme Court · 1909
- Kenny v. McKenzieSouth Dakota Supreme Court · 1909