Hampe v. Manke
South Dakota Supreme Court
Appeal from Circuit Court, Pennington County. Hon. Devi McGee, Judge. Action by G. J. Hampe and another against Emil Manke and another. From a judgment for plaintiffs, and from an order denying a new' trial, defendants appeal. While the mortgagee may release the mortgagor without discharging the grantee, his release of the grantee, or his valid extension of the time of payment to the grantee, without the mortgagor’s consent, would operate to discharge the mortgagor, i Pom.
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Appeal from Circuit Court, Pennington County. Hon. Devi McGee, Judge. Action by G. J. Hampe and another against Emil Manke and another. From a judgment for plaintiffs, and from an order denying a new' trial, defendants appeal. While the mortgagee may release the mortgagor without discharging the grantee, his release of the grantee, or his valid extension of the time of payment to the grantee, without the mortgagor’s consent, would operate to discharge the mortgagor, i Pom. Eq. Jur. 192; Dillaway v. Peterson, 11 S- D. 210; 76 N. W. 925; Calvo v. Davies, 73 N. Y. 211; Machine Works v. Caswell,…
1Opinion of the CourtCorson, J.
This is an appeal by the defendants from a judgment entered in favor of the plaintiffs and from the order denying a new trial. The action was instituted by the plaintiffs to recover the sum of $500 due on a promissory note, executed by the defendants, bearing date of the 13th day of December, 1907. It is provided in the note, amoñg other things, that the “principal and interest are secured by a first mortgage deed which is the first lien on real estate in Knox county, Nebraska.”
[1] As the court found the facts substantially as set out in the answer as a defense to the action, we insert the…
2Cases cited7 opinions
- Calvo v. . DaviesNew York Court of Appeals · 1878
- Union Mutual Life Insurance v. HanfordSupreme Court of the United States · 1892
- Home National Bank v. Estate of WatermanIllinois Supreme Court · 1890
- Union Stove & Machine Works v. CaswellSupreme Court of Kansas · 1892
- Miller v. KennedySouth Dakota Supreme Court · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
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- Leach v. NelsonNorth Dakota Supreme Court · 1922
- Smith v. BlackfordSouth Dakota Supreme Court · 1929
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