Grether v. Smith

Citations

• 17 S.D. 279
• 96 N.W. 93
• 1903 S.D. LEXIS 42

Syllabus

<p>1. The transfer of a note secured by a mortgage carries with it the security as an incident.</p> <p>2. Where a note and mortgage to a firm were taken in the name of one of the partners, and after his death the firm business was conducted as before, without any accounting or settlement of the partnership business between the surviving partner and the deceased’s representative, and the surviving partner indorsed the note to plaintiff, the indorsed note, together with other facts, prima facie established plaintiff’s ownership of the note and mortgage.</p> <p>3. In a suit by plaintiff to quiet title to the mortgaged premises, it appearing that there had been no objection on the part of the deceased partner’s administrator, or on the part of any creditor of the estate, to the failure of the surviving partner to settle the partnership, and defendant not making any attempt to establish any right or interest in the note and mortgage, a judgment dismissing the complaint was erroneous.</p>