Obern v. Gilbert

6 Dakota 119 | Supreme Court Of The Territory Of Dakota | 1888

By the Court :

This case is reversed on the ground that the district court erred in subjecting the homestead lot to the mortgage, it having been discharged therefrom by payment under the terms of the mortgage. There was no breach of the covenants of the mortgage upon which the mortgagee could recover.

All concur.