Upton v. Hugos
South Dakota Supreme Court
Appeal from circuit court, Clark county. Hon. J. O. Andrews, Judge. Action to-foreclose a mortgage. Judgment for defendants, and plaintiff appeals. The facts are stated in the opinion. Mergers never take place unless the parties so intend and nothing intervenes to prejudice the new relation. Smith v. Roberts, 91 N. Y. 470; Franklin v. Hayward, 61 How.
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Appeal from circuit court, Clark county. Hon. J. O. Andrews, Judge. Action to-foreclose a mortgage. Judgment for defendants, and plaintiff appeals. The facts are stated in the opinion. Mergers never take place unless the parties so intend and nothing intervenes to prejudice the new relation. Smith v. Roberts, 91 N. Y. 470; Franklin v. Hayward, 61 How. Pr. 43; Davis v. Pierce, 10 Minn. 376; Woodward v. Davis, 53 la. 694: Boone on Mortgages, 141; Picke v. Gleason, 60 la. 150; Low-man v. Lowman, 118 111. 582; Beach on Modern Eq. Jr. 450; Pomeroy on Eq. Jr. 246; Aiken v. Railroad, 37 Wis. 469. A…
1Opinion of the CourtFuller, J.
From an examination of the evidence introduced upon the part of plaintiff under his complaint in this action, which is to foreclose a mortgage upon real property, and procure a decree adjudging a certain satisfaction of said mortgage to be void and of no effect because entered by mistake, accident and without authority, the following material facts are disclosed: The mortgage was executed by the defendants Hugos on the 24th day of July, 1888, and duly recorded, to secure their promissory note to the plaintiff for $700, of even date therewith. On the 21st day of July, 1889, John G. Hugos…
2Cases cited1 opinion
- Sidener v. PaveyIndiana Supreme Court · 1881
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- Ricker v. StottSouth Dakota Supreme Court · 1900
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