Kelsey v. Welch
South Dakota Supreme Court
Appeal from circuit court, Brookings county. Hon. J. O, Andrews, Judge. Action by B. J, Kelsey against John Welch, individually and as guardian, and others, to revive and foreclose a mortgage. From an order overruling a demurrer to the complant, defendant appeals. The facts are stated in the opinion.
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Appeal from circuit court, Brookings county. Hon. J. O, Andrews, Judge. Action by B. J, Kelsey against John Welch, individually and as guardian, and others, to revive and foreclose a mortgage. From an order overruling a demurrer to the complant, defendant appeals. The facts are stated in the opinion. The plaintiff stands in the position of a party who, without being a surety for the debt or a junior lienholder, or being in any manner bound for the debt or interested in preserving the property, voluntarily paid the debt, and took security for the money so advanced; and he cannot, in the…
1Opinion of the CourtFuller, J.
From the complaint before us, it appears that John Welch and Mary Welch, husband and wife, on the first day of May, 1882, mortgaged to F. T. Day the land described in the complaint and of which Mary Welch was the owner, to secure their joint promissory note of even date therewith for $400, made payable to the mortgagee named in that instrument; and on the same day they executed a second mortgage on said property to the same party, to secure their joint promissory note for $40. These mortgages were both duly recorded in the office of the register of deeds. On the 8th day of April, 1886, Mary…
2Cases cited3 opinions
- Carr v. CaldwellCalifornia Supreme Court · 1858
- Purdin v. ArcherSouth Dakota Supreme Court · 1893
- Harwood v. MaryeCalifornia Supreme Court · 1857
3Cited by8 opinions
- Fish v. De LaraySouth Dakota Supreme Court · 1896
- Matter of Estate of BachandSouth Dakota Supreme Court · 1981
- Meade County v. WelchSouth Dakota Supreme Court · 1914
- Federal Land Bank of Omaha v. FjerestadSouth Dakota Supreme Court · 1939
- Olsen v. First National BankSouth Dakota Supreme Court · 1957
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