Fruth v. Bolt
South Dakota Supreme Court
Appeal from Circuit Court, Meade County. Hon. Levi Mc~ GUE, Judge. Action by Henry Fruth, as administrator of the estate of William H. Hall, deceased, against Ausna H. Bolt, now known and going under name of Anna Cox, and Hulett Land & Cattle Company, to foreclose a mortgage, and for other relief. From a judgment for plaintiff, and from an order denying a new trial, defendants appeal. (i) To point one of the opinion, Appellant cited: Chase Nat.
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Appeal from Circuit Court, Meade County. Hon. Levi Mc~ GUE, Judge. Action by Henry Fruth, as administrator of the estate of William H. Hall, deceased, against Ausna H. Bolt, now known and going under name of Anna Cox, and Hulett Land & Cattle Company, to foreclose a mortgage, and for other relief. From a judgment for plaintiff, and from an order denying a new trial, defendants appeal. (i) To point one of the opinion, Appellant cited: Chase Nat. Bank of N.'Y. v. Hastings et al„ 20 Wash. 433, 55 Pac. 574. Respondent cited': 27 Cyc. 1380, and cases cited. (2) To point two of the opinion,…
1Opinion of the CourtPollen, J.
Plaintiff, as administrator of the estate of one Hall, deceased, brought this action for the purpose of foreclosing a certain real estate mortgage executed by the defendant Bolt as security for the payment of a certain promissory note for $2,000 and interest. The note and mortgage were executed on the 27th day of December, 1907. Defendants answered separately. Defendant Bolt alleges as a defense that the mortgage had been satisfied, and extinguished by a conveyance of the mortgaged property from her to Hall during his lifetime. Defendant Hulett Land & Cattle Company claims to be a purchaser…
2Cases cited1 opinion
- Fruth v. BoltSouth Dakota Supreme Court · 1916
3Cited by6 opinions
- Detroit Trust Co. v. Detroit City Service Co.Michigan Supreme Court · 1933
- O'Reilly v. McLeanUtah Supreme Court · 1934
- Rasmussen v. StanfieldSouth Dakota Supreme Court · 1925
- Warfield v. ChristiansenCourt of Appeals of Maryland · 1953
- Bowe v. LongstaffSouth Dakota Supreme Court · 1929
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