19 S.D. 400 | S.D. | 1905
At the trial, of this action to enforce collection of a promissory note by foreclosing a mortgage given to secure the same, the only evidence offered to sustain the issues on the part of the plaintiff was the following duly acknowledged and recorded instrument: “For and in consideration of Two Hundred and Fifty dollars to me in hand paid, Dr. O. S. Mer-ager does hereby assign unto Florence E. Merager of Sioux Falls P. O., S. D., a certain indenture of mortgage and the notes secured thereby, executed by Bertha K. Madson and Martin I. Madson to Dr. O. S. Merager, on this 11th day of September, A. D. 1899, upon Lot 6 in Block 7 in the village of Oldham, Kingsbury Co., S. D , and recorded in Book 40 of mortgages on page 444, in the office of the register of deeds, Kingsbury* county, South Dakota, on the 15th day of Sept., 1899, at 8 o’clock, A. M. Dated this 81st day of May, A. D. 1902. Dr. O. S. Merager.” The defendant T. C. Murphy, as grantee of the mortgagors, having deposited in court ample funds to satisfy the entire amount claimed, plaintiff was entitled to recover such sum by proving that she owned the note and mortgage. At the conclusion of all the evidence the complaint was dismissed on its merits in favor of the defendant Sarah Merager, and plaintiff prosecutes this appeal from the judgment accordingly entered and from an order overruling her motion for a new trial.
When the note and mortgage were taken in his name, Dr,
The judgment appealed from is affirmed.