Supreme Court of Dakota, 1889

Luce v. American Mortgage & Investment Co.

Supreme Court of Dakota · Decided February 15, 1889 · Garland, McConnell

6 Dakota 122

Counsel

Bailey da Davis and JR. A. Murray, for appellant., H. H. Keith and O. P. Bates, for respondent.

Opinion of the Court

By the Court :

The judgment of the lower court is affirmed.

This court holds that under the facts in the case the giving of the $2,000 mortgage by Luce to the defendant was a payment of the New England Loan and Trust Company’s mortgage, and the plaintiff Luce could afterward do no act to invest it with any validity.

All concur except McConnell and Garland, JJ., not sitting.

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