Granger v. Roll

Citations

• 6 S.D. 611
• 62 N.W. 970
• 1895 S.D. LEXIS 163

Syllabus

<p>1. An order denying a new trial, made before judgment, is reviewable on an appeal from the judgment as an intermediate order, when the making of such order is assigned as error on the appeal from the judgment.</p> <p>2. In such case, if an appeal be taken from the judgment, and the making of the order on a motion for a new trial is assigned as error, no appeal from the order is necessary, and if an appeal from the order is taken in connection with the appeal from the judgment, it will be considered as surplusage and disregarded.</p> <p>3. The limitation of 60 days in which an appeal from an order may be taken, as provided by section 5216, Comp. Laws, has no application to an order denying a new trial made and determined before the entry of judgment, when an appeal is taken from the judgment, and the making of such order is assigned as error.</p> <p>4. A grantee in a deed made of property previously mortgaged, subject to the mortgage, does not become personally liable for the mortgage debt, in the absence of an agreement on the part of such grantee to assume the payment of the mortgage.</p> <p>5. Neither will the fact that the amount of the mortgage has been retained by the grantee out of the purchase price, in the absence of an agreement to pay the mortgage, render the grantee personally liable for the mortgage debt.</p> <p>6. Neither will the fact that the full value of the property is expressed in the deed as the consideration of the purchase render the grantee personally liable for the mortgage debt, in the absence of an agreement on the part of the grantee to pay the mortgage debt.</p> <p>7. To render the grantee of mortgaged property personally liable for such mortgage debt, it must be shown that such grantee has agreed to pay or has assumed the payment of the same.</p> <p>8. A wife who joins with her husband in the execution of a note and mortgage is personally liable for the mortgage debt in connection with the husband; and, upon foreclosure of the mortgag