West v. Middlesex Banking Co.
South Dakota Supreme Court
Appeal from 'Circuit Court, Brown County. Hon. Frank. McNuuty, Judge. Action by Jane D. West against the Middlesex Banking Company and others, to determine adverse claims and to quiet title to realty. From a judgment for plaintiff, and from an order denying a new trial, defendants appeal. The defendant, Central Investment Company, was a mortgagee in possession, and its possession was adverse.
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Appeal from 'Circuit Court, Brown County. Hon. Frank. McNuuty, Judge. Action by Jane D. West against the Middlesex Banking Company and others, to determine adverse claims and to quiet title to realty. From a judgment for plaintiff, and from an order denying a new trial, defendants appeal. The defendant, Central Investment Company, was a mortgagee in possession, and its possession was adverse. Nash v. N. W. Land Co. (NI D.) 108, N. W. 792; Means v. Somers Land Co. (N. IX) 121 N. W. 916; Boschker v. Van Beek, (N. D.) 122 N. W. 338; Kenny v. McKenzie, (S. D.) 127 N. W. 597; Notes 23 L. R. A. (N.…
1Opinion of the CourtWhiting, J.
This action presents for adjudication the rights of the several parties thereto in and to a certain quarter section of land in Brown county, South Dakota. In September, 1888, one Brewster, the then owner of this land, being indebted to the Minnesota Mortgage Company, gave a mortgage thereon to secure such indebtedness. This mortgage and indebtedness were assigned to the Middlesex Banking Company, in October, 1888; this assignment was placed of record but the acknowledgment thereto was defective, it being acknowledged by a director of the corporation. The mortgage indebtedness remaining…
2Cases cited30 opinions
- Lightcap v. BradleyIllinois Supreme Court · 1900
- Rogers v. BentonSupreme Court of Minnesota · 1888
- Flanders v. AumackOregon Supreme Court · 1897
- Brown v. South Boston Savings BankMassachusetts Supreme Judicial Court · 1889
- Nash v. Northwest Land Co.North Dakota Supreme Court · 1906
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- Bickert v. Cargill Elevator Co.South Dakota Supreme Court · 1936
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