Northwestern Loan & Banking Co. v. Jonasen
South Dakota Supreme Court
Appeal from circuit court, Moody county. Hod. J. W. Jones, Judge. Action in forcible entry and detainer by the Northwestern Loan & Banking Company against Erik Jonasen and others in justice court. Title to land being questioned, the action was certified to the circuit court. There was a judgment in favor of defendants, and plaintiff appeals. The facts are stated in the opinion.
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Appeal from circuit court, Moody county. Hod. J. W. Jones, Judge. Action in forcible entry and detainer by the Northwestern Loan & Banking Company against Erik Jonasen and others in justice court. Title to land being questioned, the action was certified to the circuit court. There was a judgment in favor of defendants, and plaintiff appeals. The facts are stated in the opinion. A mortgage to secure the purchase price of a homestead executed by the fee owner need not be signed by the husband or wife of such owner. Roby v. Bismarck National Bank, 59 N. W. 721; Christy v. Dyer, 14 Iowa 438;…
1Opinion of the CourtPuller, J.
Title to land being questioned, this action of forcible entry and detainer was certified from a justice of the peace to the circuit court, where the defendants obtained judgment, and plaintiff appeals.
That the statutory notice to quit was given, and that the respondents remained in possession after the execution and delivery of a deed to appellant, based upon regular mortgage foreclosure prooceedings under a power of sale, appears upon the face of the record, and the only matter of fact in dispute is whether respondent Marsta Jonasen ever joined in the execution of the mortgage given by her…
2Cases cited14 opinions
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- Bartlett v. DrakeMassachusetts Supreme Judicial Court · 1868
- Young v. DuvallSupreme Court of the United States · 1883
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- Borland v. WalrathSupreme Court of Iowa · 1871
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3Cited by6 opinions
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