Cottonwood Count Bank v. Case
South Dakota Supreme Court
Appeal from Circuit Court, Clark County. Hon. George H. Marquis, Judge. Action by the Cottonwood County Bank against Wesley Case and others. From a judgment for insufficient relief and from an order denying a new trial, plaintiff appeals.
1Opinion of the CourtSmith, J.
This action was brought in the circuit court of Clark county for the purpose of having a warranty deed declared and foreclosed as a mortgage. It is alleged in the complaint that at the time of the delivery of said deed it was intended as security for money then and thereafter to be advanced by the plaintiff bank to the defendant Wesley Case; that in pursuance of 'said agreement the plaintiff loaned to the defendant Case the sum of $2,300 on February 21, 1902, and the sum of $1,200 on April 15, 1902. Plaintiff alleges that it advanced to defendant under said agreement between the 15th day of…
2Cases cited3 opinions
- Warnock v. HarlowCalifornia Supreme Court · 1892
- Cooper v. HarveySouth Dakota Supreme Court · 1907
- Luscombe v. GrigsbySouth Dakota Supreme Court · 1899
3Cited by5 opinions
- Meagher v. HarringtonMontana Supreme Court · 1927
- Jones v. JonesSouth Dakota Supreme Court · 1940
- Johnson v. GravesCourt of Appeals of Tennessee · 1932
- Wallace v. DuntonSouth Dakota Supreme Court · 1913
- Bunn v. McAdams, Et Ux.Wyoming Supreme Court · 1928