Bank of Ipswich v. Brock
South Dakota Supreme Court
Appeal from circuit court, Edmunds county; Hon. Loring E. Gaffy, Judge. Action by the Bank of Ipswich against Neils S Brock and others. From a judgment in favor of defendants, plaintiff appeals. The facts are stated in the opinion.
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Appeal from circuit court, Edmunds county; Hon. Loring E. Gaffy, Judge. Action by the Bank of Ipswich against Neils S Brock and others. From a judgment in favor of defendants, plaintiff appeals. The facts are stated in the opinion. When a mortgage is paid by one who is under no obligation to pay it, although he does not take a formal assignment of it, he is subrogated to the right of the mortgagee. 1 Jones on Mtges. § 876; Wilson v. Mayberry, 75 Wis. 191; Union Mtge Co. v. Peters, 72 Miss. 1058; Emmert v. Thompson, 49 Minn. 386; Bank v. Biersladt, 168 111. 618; Haverford Assn v. Fire Assn.…
1Opinion of the Court
Corson. J.
This is an action on the part of the plaintiff for the cancellation of the record of the discharge of a mortgage, and for the foreclosure of the same. The case was tried by the court, and it found the facts and conclusions of law in favor of the defendants and dismissed the action. Counsel for the plaintiff and appellant prepared findings of fact in its favor, which were rejected by the trial court; and appellant, insisting that upon the undisputed evidence the findings of fact and conclusions of law should have been in its favor, moved for a new trial on the ground that 'the'…
2Cases cited18 opinions
- Emmert v. ThompsonSupreme Court of Minnesota · 1892
- Home Savings Bank v. BierstadtIllinois Supreme Court · 1897
- Barnes v. . MottNew York Court of Appeals · 1876
- Sanford v. McLeanNew York Court of Chancery · 1831
- Cheesebrough v. MillardNew York Court of Chancery · 1815
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3Cited by8 opinions
- Cornelia Bank v. First National BankSupreme Court of Georgia · 1930
- Laffranchini v. ClarkNevada Supreme Court · 1915
- Madson v. BallouSouth Dakota Supreme Court · 1935
- Heegaard v. KopkaNorth Dakota Supreme Court · 1927
- Buhl v. McDowellSouth Dakota Supreme Court · 1932
3 more not listed; retrieve them via the Exa API.