171 N.W. 607 | S.D. | 1919
Action to foreclose -mortgage on real estate. Mortgage signed by husband alone. Defense that it was invalid, because land was the homestead of mortgagor and wife and she did not join in the execution of the mortgage; also, that mortgage •was not to be effective until executed by wife. Plaintiff evidently realized the invalidity of the mortgage pleaded, because, after introducing into evidence such mortgage and the note described therein, it proceeded, as against both defendants, to introduce evidence to establish an equitable oral mortgage. The trial court •entered findings and conclusions and rendered judgment for plaintiff, and defendants have appealed.
The trial court found the following facts which alone give -any suport to its conclusions and judgment:
That defendants “represented to the said plaintiff, for the purpose of inducing the said plaintiff to advance money to them, the said defendants, for their use and benefit that if the said ^plaintiff would advance such money to the defendants they and
“That acting upon said representations and promises of said defendants, the plaintiff, between the time of the said entry of said land by defendants and the making of said proof thereon, and at the time of making of said final proof, advanced and loaned to the said defendants the sum of eight hundred dollars.”
The judgment appealed from is reversed.