First National Bank v. Honeyman
Supreme Court Of The Territory Of Dakota
APPEAL from the district court, Cass county; Hon. W. B. -McConnell, Judge. The action was to foreclose a mortgage given to secure future advances, and was brought by an assignee. Before the assignment to the plaintiff an agreement as to the amount which had been advanced on the security of the mortgage was made between the mortgagor and mortgagee and was evidenced by the notes of the former for the amount.
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APPEAL from the district court, Cass county; Hon. W. B. -McConnell, Judge. The action was to foreclose a mortgage given to secure future advances, and was brought by an assignee. Before the assignment to the plaintiff an agreement as to the amount which had been advanced on the security of the mortgage was made between the mortgagor and mortgagee and was evidenced by the notes of the former for the amount. Prior to this agreement, however, the mortgagor had conveyed the premises to these defendants. Defense, that a less sum was in fact advanced than was evidenced by such agreement. Evidence…
1Opinion of the CourtSpencer, J.
(After stating the above facts.) This action was brought to foreclose a mortgage executed on the 9th day of November* 1878, by Ebenezer Honeyman to one George Forrest, on certain premises in Cass county described in the complaint. The object and purpose of the mortgage was to secure the payment of certain sums of money which said Forrest had advanced to and for said mortgagor, and also such further sums as he should advance to and lor him, from time to time, in the future. It was provided by said mortgage that the same should be void on the payment by the said Honeyman of all sums of money…
2Cases cited4 opinions
- Bush v. . LathropNew York Court of Appeals · 1860
- Clute v. RobinsonNew York Supreme Court · 1807
- Davis v. . BechsteinNew York Court of Appeals · 1877
- Ellis v. MesservieNew York Court of Chancery · 1845
3Cited by4 opinions
- Watson v. DodsonCourt of Appeals of Texas · 1911
- Johnson v. HerrenCourt of Appeals of Texas · 1963
- Farmers and Stockmens Bank of Clayton v. MorrowNew Mexico Supreme Court · 1970
- Farmers and Stockmens Bank of Clayton v. MorrowNew Mexico Supreme Court · 1970