Grant County v. Colonial & United States Mortg. Co.
South Dakota Supreme Court
Appeal from circuit court, Grant county. Hon. J. O. Andrews, Judge. Action to cancel a mortgage and to enjoin its foreclosure. A motion by defendant to dissolve a temporary injunction was overruled. Defendant appeals. The facts are stated in the opinion. A court of equity will grant an injunction to prevent the creation of a cloud on title, but will not grant an injunction to restrain an act which cannot create a cloud.
Read the full summary
Appeal from circuit court, Grant county. Hon. J. O. Andrews, Judge. Action to cancel a mortgage and to enjoin its foreclosure. A motion by defendant to dissolve a temporary injunction was overruled. Defendant appeals. The facts are stated in the opinion. A court of equity will grant an injunction to prevent the creation of a cloud on title, but will not grant an injunction to restrain an act which cannot create a cloud. Gilman v. Van Brunt, 29 Minn. 271; Schroeder v. Gurney, 73 N. Y. 430; Schuyler v. Braughton, 65 Gal. 252; Hanson v. Johnson, 20 Minn. 194; Archbishop v, Shipman, 69 Cal. 586;…
1Opinion of the CourtKellam, J.
This is an action brought by respondent, claiming to be the owner of the real estate described in the complaint, to cancel a certain mortgage as a lien upon said real estate, and to enjoin its foreclosure and a sale of the mortgaged premises, on the ground that such sale would cast a cloud upon respondent’s title. Upon the complaint a temporary injunction was issued by the court. The appellant answered, and upon the complaint and answer moved to dissolve the injunction. The motion was denied, and this appeal is from such denial.
The complaint alleges that on the 8th day of August, 1884,…
2Cases cited6 opinions
- Armstrong v. SanfordSupreme Court of Minnesota · 1862
- Real Del Monte Consolidated Gold & Silver Mining Co. v. Pond Gold & Silver Mining Co.California Supreme Court · 1863
- Finnegan v. LeeNew York Supreme Court · 1859
- Magnet Mining Co v. Page & Panaca Silver Mining Co.Nevada Supreme Court · 1874
- Mills v. MillsNew York Supreme Court · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Searle v. City of LeadSouth Dakota Supreme Court · 1897
- Sand ex rel. All other Taxpayers of Scott School District No. 12 v. PetersonNorth Dakota Supreme Court · 1915
- Rosenbaum v. FossSouth Dakota Supreme Court · 1893
- Huron Waterworks Co. v. City of HuronSouth Dakota Supreme Court · 1893
- Kammann v. BartonSouth Dakota Supreme Court · 1910