Miller v. Kennedy
South Dakota Supreme Court
Appeal from circuit court, Walworth county. Hon. A. W Campbell, Judge. Action by A. A. Miller against Edward G. Kennedy and others to foreclose a mortgage on real property. Prom that portion of the decree which adjudges the defendant Edward G- Kennedy not liable for a deficiency after sale. Plaintiff appeals.
Read the full summary
Appeal from circuit court, Walworth county. Hon. A. W Campbell, Judge. Action by A. A. Miller against Edward G. Kennedy and others to foreclose a mortgage on real property. Prom that portion of the decree which adjudges the defendant Edward G- Kennedy not liable for a deficiency after sale. Plaintiff appeals. The relations between a mortgagee and mortgagor cannot be changed by the assumption by a mortgagor’s grantee of the mortgage debt, until the mortgagee has accepted the assumption or claimed some benefit under it. Eller v. Hasche, 31 Wis, 57; Biddel v. Brizzelona, 30 Pac. 609; Pisk v.…
1Opinion of the CourtFuller, P. J.
From that portion of the decree in this action to foreclose a mortgage on real property which adjudges the defendant Edward G. Kennedy not liable for a deficiency remaining after the sale of the premises, and from an order overruling a motion for a new trial, plaintiff appeals.
Por the purposes of the questions of law presented the facts may be briefly stated thus: After the execution of the mortgage, *481and before its maturity, respondent sold and conveyed the premises to the defendant, S. L. Overholser, who as part consideration therefor, oraily assumed and agreed to pay the debt secured by…
2Cases cited11 opinions
- Calvo v. . DaviesNew York Court of Appeals · 1878
- Union Mutual Life Insurance v. HanfordSupreme Court of the United States · 1892
- King v. BaldwinNew York Court of Chancery · 1817
- McDill v. GunnIndiana Supreme Court · 1873
- Putney v. FarnhamWisconsin Supreme Court · 1870
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Erickson v. WiperNorth Dakota Supreme Court · 1916
- Zastrow v. KnightSouth Dakota Supreme Court · 1930
- Iowa Loan & Trust Co. v. SchnoseSouth Dakota Supreme Court · 1905
- Hampe v. MankeSouth Dakota Supreme Court · 1912
- Braunger v. SnowSouth Dakota Supreme Court · 1987
6 more not listed; retrieve them via the Exa API.