Brown v. Hall
South Dakota Supreme Court
Appeal from Circuit Court, Butte County. Hon. William G. Rios, Judge. Action by Thomas Brown against Prescott F. Hall and another, to quiet title to real property as against defendants'claiming under foreclosure of a mortgage in trust executed by plaintiff; the defendant and appellant, Blakely Hoar, counterclaiming on the foreclosure title. From a judgment for plaintiff, and from an order denying a new trial, defendant Hoar appeals.
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Appeal from Circuit Court, Butte County. Hon. William G. Rios, Judge. Action by Thomas Brown against Prescott F. Hall and another, to quiet title to real property as against defendants'claiming under foreclosure of a mortgage in trust executed by plaintiff; the defendant and appellant, Blakely Hoar, counterclaiming on the foreclosure title. From a judgment for plaintiff, and from an order denying a new trial, defendant Hoar appeals. The. mortgage was signed by the mortgagee as required by law. The bond was given to W. W. McDonald, trustee, who was the payee named therein. In the mortgage the…
1Opinion of the CourtGates, J.
On January 9, 1888, respondent, Thomas Brown, borrowed $500 from the Western Loan & Trust Co., giving his note for that amount, secured by a mortgage on a quarter section of land in Butte county. The note was made payable to W. W. IMcDonald, trustee, and bore interest at the rate of 7 per cent, per annum, payable semi-annually, evidenced by 10 interest coupons, In the mortgage respondent was named as the party of the first part, W. W. McDonald, trustee, as party of the second part, and the Western Loan & Trust Co., cestui que trust, as party of the' third part. The mortgage provided that the…
2Cases cited20 opinions
- Merrill v. HurleySouth Dakota Supreme Court · 1895
- Toland v. TolandCalifornia Supreme Court · 1898
- Kenny v. McKenzieSouth Dakota Supreme Court · 1910
- State ex rel. Waldo v. FylpaaSouth Dakota Supreme Court · 1893
- Gimbel v. PigneroSupreme Court of Missouri · 1876
15 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Atlantic Loan Co. v. PetersonSupreme Court of Georgia · 1935
- Sanders v. HallCourt of Appeals for the Tenth Circuit · 1934
- Hutson v. RankinIdaho Supreme Court · 1922
- Fransen v. StateSouth Dakota Supreme Court · 1932
- Lipsey v. CrosserSouth Dakota Supreme Court · 1934
3 more not listed; retrieve them via the Exa API.