Kalscheuer v. Upton
Supreme Court Of The Territory Of Dakota
APPEAL from district court, Spink county; Hon. James Spencer, Judge. The only question in the case is, has a junior incumbrancer the right to pay off a superior lien and be subrogated to the rights of its holder % Section 1715, C. C., gives this right.
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APPEAL from district court, Spink county; Hon. James Spencer, Judge. The only question in the case is, has a junior incumbrancer the right to pay off a superior lien and be subrogated to the rights of its holder % Section 1715, C. C., gives this right. It is not claimed but that the deed from theKalseheuers to Susanna Keller and the mortgage from the Kellers to John Kalscheuer were all parts of one transaction, and it is admitted that any mortgage given by the Kellers prior to that time would be inferior to the purchase-money mortgage to respondent. But it is insisted that a mortgage given…
1Opinion of the CourtBose, J.
The facts in this case, as shown by the findings of the referee, the agreed statement of facts, and exhibits are as follows: On July 19, 1886, John Kalscheuer and Anna Mary Kalscheuer were and are now husband and wife. At that time John Kalscheuer was the owner of the S. E. J of section 9, township 117 N., of range 62 W. of the fifth P. M., and his wife was the owner of the S. W. J of the same section. On October 1, 1884, Kalscheuer and his wife executed and delivered unto John W. Smith, trustee for John H. Miller, a trust deed for $1,200, and a mortgage to John H. Miller for $189, on the…
2Cases cited7 opinions
- Fievel v. ZuberTexas Supreme Court · 1887
- Sanford v. McLeanNew York Court of Chancery · 1831
- Muir v. BerkshireIndiana Supreme Court · 1875
- McNeil v. MillerWest Virginia Supreme Court · 1887
- Fears v. AlbeaTexas Supreme Court · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Morgan v. GollehonSupreme Court of Virginia · 1929
- Home Inv. Co. v. ClarsonSouth Dakota Supreme Court · 1902
- Beck v. ElliottSouth Dakota Supreme Court · 1928
- Farm & Colonization Co. v. MeloySouth Dakota Supreme Court · 1898