Gionnonatti v. Michelletti

Citations

• 15 S.D. 126
• 87 N.W. 587
• 1901 S.D. LEXIS 98

Syllabus

<p>A purchaser of realty sold under mortgage foreclosure settled with the mortgagee for a stipulated sum, for a part of which the certificate of sale was pledged. A payment under the agreement was made on the purchaser’s behalf to M., which, with others, made a sum in excess of that due the mortgagee. M. had obtained a quitclaim deed from the mortgagee, and the latter afterwards surrendered the certificate of sale for a sheriffi’s deed, and by warranty deed conveyed the premises to M. Such purchaser had no actual knowledge of the conveyance to M. when the last payment was made, and the latter represented that he was acting for the mortgagee in receiving the money, and never questioned the morrgagee’s claim under the contract made in his presence. The purchaser sued to quiet his title and for an accounting. Held, sufficient to warrant a finding that M. was estopped from asserting any claim against the purchaser.</p>