Legal Opinion

Perry v. Perry

South Dakota Supreme Court

Decided November 9, 1928No. File No. 6599PublishedCited by 2 opinions

1Opinion of the CourtPolley, J.

The plaintiff was the owner by assignment of two mortgages on a certain tract of real property in Trip-p- county. The mortgagors, -being in default, executed a deed conveying the fee title to the mortgaged premises to> the plaintiff. The deed was sent by mail to plaintiff, who lived in the state of Nebraska, but for some reason the -deed never reached him, and about a year later the mortgagors executed another deed conveying the property to plaintiff. This deed was -delivered to plaintiff and by him delivered to the register of deeds to be recorded. After such delivery, but before the deed…

2Cases cited3 opinions

  1. Moffet v. FarwellIllinois Supreme Court · 1906
  2. Purdom v. BroachCourt of Appeals of Kentucky (pre-1976) · 1925
  3. Hodge v. DunlopNorth Dakota Supreme Court · 1922

3Cited by2 opinions

  1. Aetna Life Insurance Co. v. McElvainSouth Dakota Supreme Court · 1985
  2. Toston v. Utah Mortgage Loan Corp.Court of Appeals for the Ninth Circuit · 1940

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