Ricker v. Stott
South Dakota Supreme Court
Appeal from circuit court, Brookings county. Hon. Julian Bennett, Judge. Action by Emma Ricker against Jonathan B. Stott and others to foreclose a mortgage, and to cancel the release of record of another mortgage, and foreclose it. Prom a judgment for complainant, defendant Wilhelmina Shultz appeals.
1Opinion of the CourtFuller, P. J.
A. mortgage of $600, given by the defendant Jonathan B. Stott to respondent on the 1st day of November, 1893, covering the real property described in the complaint, was foreclosed in this action without resistance, and the point to be determined on this appeal arises from the reinstatement of record and foreclosure of another mortgage thereon between the same parties executed on the 6th day of December, 1892, to secure the payment of $1,000, and which respondent by mistake released and discharged of record on the 22d day of December, 1893, instead of a mortgage of said Stott, which she then…
2Cases cited6 opinions
- Randall v. Burk TownshipSouth Dakota Supreme Court · 1893
- Feldman v. TrumbowerSouth Dakota Supreme Court · 1895
- Grewing v. Minneapolis Threshing-Machine Co.South Dakota Supreme Court · 1899
- Upton v. HugosSouth Dakota Supreme Court · 1895
- Evenson v. WebsterSouth Dakota Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Madson v. BallouSouth Dakota Supreme Court · 1935
- Bennett v. CampbellSouth Dakota Supreme Court · 1925
- Home Inv. Co. v. ClarsonSouth Dakota Supreme Court · 1906
- Berge v. Yellow Mfg. Acceptance Corp.South Dakota Supreme Court · 1930
- Home Inv. Co. v. ClarsonSouth Dakota Supreme Court · 1902
1 more not listed; retrieve them via the Exa API.