Luce v. American Mortgage & Investment Co.

6 Dakota 122 | Supreme Court Of The Territory Of Dakota | 1889

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.