Connor v. National Bank

Citations

• 7 S.D. 439
• 64 N.W. 519
• 1895 S.D. LEXIS 93

Syllabus

<p>1. Where the appeal is from a judgment rendered upon findings of the court, and there is no bill of exceptions or statement, the findings stand as the established facts, and the' appellate court only inquires whether the judgment is such as ought to follow such facts.</p> <p>2. Where, during the progress of a trial, the court allows a party to amend his pleading in a certain particular, and the trial thenceforth proceeds as though such amendment were then and there actually made, it is to late to raise the objection, on review, that the pleadings do not present the issue that, after the allowance of the amendment, they were treated as presenting.</p> <p>3. 'Respondent held notes secured by mortgage against J. J. was also indebted to appellant bank. By arrangement between J. and the hank J. deeded the mortgaged premises to M. The deed was conditioned that M., the grantee, should pay respondent’s\\mortgage. M. knew nothing of the terms of the transfer or of the deed, except that his name was being used by the bank as its trustee to take the title. The hank took possession of the property, and collected the rents, M. deeding to it. Held that, as between M. and the bank, the latter was equitibly liable for deficiency.</p> <p>(Syllabus by the Court.</p>