Murphy v. Plankinton Bank
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by Annie B. Murphy against the Plankinton Bank and William Plankinton. Judgment for defendants, and plaintiff appeals. The facts are stated in the opinion. An instrument in the form of a deed but in reality, a mortgage, should be recorded and registered in the mortgage records. Day v. Dunham, 2 Johns Ch. 182; GiLligg v. Moss, 28 N. Y. 191; James v. Morey, 2 Cowen, 246; Bank v. Bank, 42 Am.
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Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by Annie B. Murphy against the Plankinton Bank and William Plankinton. Judgment for defendants, and plaintiff appeals. The facts are stated in the opinion. An instrument in the form of a deed but in reality, a mortgage, should be recorded and registered in the mortgage records. Day v. Dunham, 2 Johns Ch. 182; GiLligg v. Moss, 28 N. Y. 191; James v. Morey, 2 Cowen, 246; Bank v. Bank, 42 Am. Dec. 240; Friedly v. Hamilton, 17 Am. Dec. 638; Brown v. Dean, 3 Wendell, 208; Jaques v. Weeks, 7 Watts. 261; Edwards -v.…
1Opinion of the CourtCorson, J.
This is an action to quiet titie to a tract of farm land in McCook county. Judgment for the defendants, and the plaintiff appeals. . The case was tried by the court without a jury. The court found, in substance, as follows: That on the 24th day of May, 1893, Frederick T. Day, of Milwaukee, Wis., was the owner in fee of the land described in the complaint; that on the 2d day of June 1893, Melvin Grigsby commenced an action in the circuit court of Minnehaha county against said Day, and in said action attached the property described in the complaint in this action, and on the 3d day of June,…
2Cases cited4 opinions
- Foorman v. WallaceCalifornia Supreme Court · 1888
- Bank of Ukiah v. Petaluma Sav. BankCalifornia Supreme Court · 1893
- Kohn v. LaphamSouth Dakota Supreme Court · 1900
- Karger v. Steele-Wedeles Co.Wisconsin Supreme Court · 1899
3Cited by14 opinions
- Bliss v. TidrickSouth Dakota Supreme Court · 1910
- Murphy v. Plankinton BankSouth Dakota Supreme Court · 1904
- State Ex Rel. Department of Revenue v. KarrasSouth Dakota Supreme Court · 1994
- Lyon v. Plankinton BankSouth Dakota Supreme Court · 1902
- Bucholz v. HinzmanSouth Dakota Supreme Court · 1921
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