Merrill v. Luce
South Dakota Supreme Court
Appeal from circuit court, Lake county. Hon. Frank R. Aikens, Judge. Action by Mary E. Merrill against Herman N. Luce and others to foreclose a mortgage executed to the American Mortgage & Investment Company, and by it assigned to plaintiff. From a judgment and decree for defendants, plaintiff appeals. The factf are stated in the opinion.
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Appeal from circuit court, Lake county. Hon. Frank R. Aikens, Judge. Action by Mary E. Merrill against Herman N. Luce and others to foreclose a mortgage executed to the American Mortgage & Investment Company, and by it assigned to plaintiff. From a judgment and decree for defendants, plaintiff appeals. The factf are stated in the opinion. The only effect of the recording of an assignment of a mortgage is to protect the purchaser against a subsequent sale of the mortgage by its apparent holder. Crane v. Turner, 67 N. Y. 437; Van Keuwia v. Corkin, 66 N. Y. 77. The failure to record the…
1Opinion of the CourtKellam, J.
This appellant, as plaintiff in the court below, brought this action as assignee of a note and trust deed given to secure the same, which, for facility of expression,, we shall, as counsel do, call a “mortgage. ” The respondents Walker claim to hevld the premises described in the mortgage as innocent purchasers from the respondent Luce, who was the mortgagor, and as redemptioners from the sale of the mortgaged premises under a previous foreclosure of said mortgage made by the mortgagees named in the mortgage. Respondents Potter and Parrish claim to be the innocent holders of a mortgage for…
2Cases cited10 opinions
- Vanderkemp v. SheltonNew York Court of Chancery · 1844
- Fallass v. PierceWisconsin Supreme Court · 1872
- Decker v. . BoiceNew York Court of Appeals · 1880
- Westbrook v. . GleasonNew York Court of Appeals · 1879
- Bacon v. . Van SchoonhovenNew York Court of Appeals · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Merrill v. HurleySouth Dakota Supreme Court · 1895
- Day v. BrentonSupreme Court of Iowa · 1897
- Henniges v. PaschkeNorth Dakota Supreme Court · 1900
- Newman v. Fidelity Savings & Loan Ass'nArizona Supreme Court · 1912
- Barry v. StoverSouth Dakota Supreme Court · 1906
15 more not listed; retrieve them via the Exa API.