Ivinson v. Hutton
Wyoming Supreme Court
Appeal from district court, Albany county. Bill by Edward Ivinson against Charles H. Hutton and others to foreclose a mortgage. From a decree for defendant, complainant appeals. Affirmed. On appeal to supreme court ofUnited States, affirmed in 119 U. S. 604, and 7 Sup. Ct. Rep. 403. Joseph M. Carey and R. Davis Carey were made defendants, on an allegation that they claimed some interest in the property.
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Appeal from district court, Albany county. Bill by Edward Ivinson against Charles H. Hutton and others to foreclose a mortgage. From a decree for defendant, complainant appeals. Affirmed. On appeal to supreme court ofUnited States, affirmed in 119 U. S. 604, and 7 Sup. Ct. Rep. 403. Joseph M. Carey and R. Davis Carey were made defendants, on an allegation that they claimed some interest in the property. The defendants made a joint answer, in which they set up a full satisfaction and discharge of the mortgage by Ivinson before defendants Carey acquired their interest in the property. These…
1Opinion of the CourtParks, J.
This is a hill to foreclose a mortgage which has been discharged on the record according to the statute. It is not claimed that there was any error, accidental or intentional, in the discharge as it was entered on the record, nor is it sought to cancel, modify, or alter in any way said entry as made. It is as follows:
“I hereby acknowledge satisfaction in full of the debt for which this mortgage was given to secure, and hereby discharge and cancel the same this sixth day of October, 1877. E. Ivinson.
"Attest: J. W. Meldrum, Register of Deeds.”
The rule that while the discharge remains on the…
Also in this document: Concurrence.
2Cases cited54 opinions
- Stoops v. SmithMassachusetts Supreme Judicial Court · 1868
- McMaster v. . Pres., Etc., Ins. Co. of N. Am.New York Court of Appeals · 1873
- Lanier v. Foust and DouglassTexas Supreme Court · 1891
- Webster v. MorrisWisconsin Supreme Court · 1886
- McFarland v. SikesSupreme Court of Connecticut · 1886
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