Fry v. Ausman
South Dakota Supreme Court
Appeal from Circuit Court, Jerauld County. Hon. Frank B. Smith, Judge. Action by Uriah S- Fry against L. E. Ausman and others. From a judgment for defendants, plaintiff appeals.
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Appeal from Circuit Court, Jerauld County. Hon. Frank B. Smith, Judge. Action by Uriah S- Fry against L. E. Ausman and others. From a judgment for defendants, plaintiff appeals. The deed to'the grantor contained the following clause: “The same are free from all incumbrances, except a first mortgage of $5,000;” but contained no statement that she assumed the mortgage. . The deed from the grantor to the grantee contained the following clause: “The same are free from all incumbrances, except a first mortgage of $5,000 and interest from April 26, 1908, ■ at 6 per cent, which second party agrees…
1Opinion of the CourtWhiting, J.
The sole question presented by this appeal is whether one holding a note secured by a mortgage upon real estate can recover upon such note against a party other than the mortgagor, where such party had taken a deed to said mortgaged premises, and in such deed had assumed such mortgage indebtedness, the grantor in such deed being in no manner bound to pay such mortgage indebtedness, and there being no evidence, other tlian such deed, to show an intent on the part of the grantor and grantee in such deed to contract for the benefit of the owner of the note and mortgage. The trial court held…
2Cases cited30 opinions
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Keller v. AshfordSupreme Court of the United States · 1890
- Tweeddale v. TweeddaleWisconsin Supreme Court · 1903
- Dean v. WalkerIllinois Supreme Court · 1882
- Biddel v. BrizzolaraCalifornia Supreme Court · 1883
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3Cited by26 opinions
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- Sisney v. StateSouth Dakota Supreme Court · 2008
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