Dakota Loan & Trust Co. v. Parmalee

Citations

• 5 S.D. 341
• 58 N.W. 811
• 1894 S.D. LEXIS 66

Syllabus

<p>E., the owner of a lot and building thereon, mortgaged the same to plaintiS. Subsequently E. sold the premises, subject to such mortgage to P. & W. Afterwards P., without the knowledge or consent of the mortgagee, removed the building to another lot, owned by his wife. Held, that neither the severance and removal of the building nor its annexation to another lot. destroyed the right of the mortgagee to enforce) his claim against it, the lot mortgaged being first exhausted.</p> <p>2. After its removal to her lot, the wife made certain improvements upon and additions to the building. Held, that the improvements and additions so made in this case did not destroy the identity of the mortgaged building, or defeat the mortgagee’s right to subject it to the payment of so much of his mortgage debt as remained unpaid after exhausting the mortgaged lot.</p> <p>(Syllabusby the Court.</p>