Kenny v. McKenzie
South Dakota Supreme Court
Appeal 'from Circuit Court, Brown County. Hon. J. H. McCoy, Judge. Action by W. G. Kenny and another against K. McKenzie. Judgment for defendant, and plaintiffs appeal.
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Appeal 'from Circuit Court, Brown County. Hon. J. H. McCoy, Judge. Action by W. G. Kenny and another against K. McKenzie. Judgment for defendant, and plaintiffs appeal. The assignment of the mortgage was invalid in that it was not properly acknowledged so as to entitle it to record, and was not properly of record, .and that the pretended assignee had no authority to foreclose the mortgage by advertisement, and such foreclosure and proceedings had thereunder were void, and title to said real estate remained in the plaintiffs. Common v. 'Deming, 3 S. D. 426; Holt v. Metropolitan Trust Co., 11…
1Opinion of the CourtCorson, J.
This action was instituted by the plaintiffs to quiet title to a quarter section of land in Brown county. Rinding; and judgment being in favor of the defendant, the plaintiffs have appealed. The complaint is in the usual form. The defendant pleads title in himself and also an estoppel on the part of the plaintiffs.
It is disclosed by the record: That in December, 1889, the plaintiffs, being then the owners of the quarter section of land in controversy, executed to the Minnesota Mortgage Company a mortgage upon the same to secure a note of $500. This company will hereafter be designated as the…
2Cases cited16 opinions
- Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
- Boggs v. Merced Mining Co.California Supreme Court · 1859
- Davis v. DavisCalifornia Supreme Court · 1864
- Dever v. CornwellNorth Dakota Supreme Court · 1901
- Finlayson v. PetersonNorth Dakota Supreme Court · 1896
11 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Kraft v. Carson CountySouth Dakota Supreme Court · 1946
- Acklin v. First National BankNorth Dakota Supreme Court · 1934
- Crawford State Bank v. DanksSouth Dakota Supreme Court · 1932
- Gold Bros. Security Co. v. Fidelity Trust Co.South Dakota Supreme Court · 1923
- Kelsey v. Lake Childs Co.Supreme Court of Florida · 1927