Merrill v. Hurley
South Dakota Supreme Court
Appeal from circuit court, Lake county. Hon. Frank R. Aikens, Judge. Action to foreclose a mortgage. There was judgment for plaintiff, and from an order granting a new trial she appeals. The facts are stated in the opinion. A deed of trust given to secure the payment of money is in legal effect a mortgage.
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Appeal from circuit court, Lake county. Hon. Frank R. Aikens, Judge. Action to foreclose a mortgage. There was judgment for plaintiff, and from an order granting a new trial she appeals. The facts are stated in the opinion. A deed of trust given to secure the payment of money is in legal effect a mortgage. Webb v. Hazleton, 4 Neb. 308; Kiger v. Riley, 2 Neb. 28; Hurley v. Estes, 6 Neb. 386; Sargent v. Howe, 21 111. 148. The powers and duties of a trustee are only such as are prescribed and defined by the instrument creating the trust, and he is bound thereby. Secs. 1316, 1317, Civ. Code;…
1Opinion of the CourtFuller, J.
The frial of this action, which was to foreclose a certain trust deed or mortgage, executed by the defendant Hurley and his wife tq fiecure the paynient of jiheir bond op *595promissory note for $600, together with certain interest coupons thereto attached, resulted in plaintiff’s favor, and a decree of foreclosure was accordingly entered, in which a sale of the incumbered premises was ordered and adjudged as prayed for by plaintiff, and in which the right, title, and interest of all defendants herein were forever barred and foreclosed, subject to the statutory right of redemption. Upon the…
2Cases cited16 opinions
- Weeks v. City of MilwaukeeWisconsin Supreme Court · 1860
- Grant v. BurrCalifornia Supreme Court · 1880
- Falk v. MoebsSupreme Court of the United States · 1888
- Heard v. Dubuque County BankNebraska Supreme Court · 1878
- Towne v. RiceMassachusetts Supreme Judicial Court · 1877
11 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Cornish v. WoolvertonMontana Supreme Court · 1905
- Hollinshead v. John Stuart & Co.North Dakota Supreme Court · 1898
- Des Moines Savings Bank v. ArthurSupreme Court of Iowa · 1913
- Security Trust & Savings Bank of Charles City v. GleichmannSupreme Court of Oklahoma · 1915
- Bell v. Riggs Et Ux.Supreme Court of Oklahoma · 1912
32 more not listed; retrieve them via the Exa API.