Merager v. Madson
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county; Hon. Joseph W. Jones, Judge. Action by Florence Merager against Bertha K. Madson and others. From a judgment dismissing the complaint on its merits and denying a motion for a new trial, plaintiff appeals.
1Opinion of the CourtFuller, J.
At the trial, of this action to enforce collection of a promissory note by foreclosing a mortgage given to secure the same, the only evidence offered to sustain the issues on the part of the plaintiff was the following duly acknowledged and recorded instrument: “For and in consideration of Two Hundred and Fifty dollars to me in hand paid, Dr. O. S. Mer-ager does hereby assign unto Florence E. Merager of Sioux Falls P. O., S. D., a certain indenture of mortgage and the notes secured thereby, executed by Bertha K. Madson and Martin I. Madson to Dr. O. S. Merager, on this 11th day of September,…
2Cases cited3 opinions
- Fowler v. Iowa Land Co.South Dakota Supreme Court · 1904
- Yankton Building & Loan Ass'n v. DowlingSouth Dakota Supreme Court · 1898
- Easton v. CranmerSouth Dakota Supreme Court · 1905
3Cited by1 opinion
- McKinnon v. FullerSouth Dakota Supreme Court · 1914