Grewing v. Minneapolis Threshing-Machine Co.

Citations

• 12 S.D. 127
• 80 N.W. 176
• 1899 S.D. LEXIS 90

Syllabus

<p>1. Bindings of fact as to which, there is a conflict of evidence cannot be disturbed on appeal, though the witnesses testifying- in accordance therewith were outnumbered by those testifying to the contrary.</p> <p>2. There is injury authorizing recission of mortgages on a threshing ma. chine and its earnings, and on real estate, where they were obtained on fraudulent representations that they were on the land only, and that a prior mortgage on the machine, in place of which they were given, would he released, and such release was not given.</p> <p>3. Where plaintiffs were present and acting for themselves when they gave the mortgages which they seek to reeind for fraud, the fact that M. was also present, because plaintiffs wished him there to see that everything was done right, does not make him their agent, so as to prevent their disputing him as to what was then said and done.</p> <p>4. A court of. equity, in its decree recinding for fraud, mortgages on a threshing machine and on roal estate obtained in place of a prior mortgage on the machine, may decree foreclosure sale under second mortgage, which has already been had, to be a valid foreclosure sale under the first mortgage.</p> <p>5. A decree rescinding, for fraud, mortgages on a threshing machine and on real estate given in place of a prior mortgage on the machine, which was not released, placed the partie s in statu quo; the foreclosure sale under the second mortgage on the machine, which had already been had, being declared a valid foreclosure sale under the first mortgage; it not appearing that defendant’s chattel security or the financial standing of plaintiffs was impaired between the time the new mortgag'e was given and the time it might have been foreclosed.</p> <p>6. There is no such delay as will deprive plaintiffs (simple-minded, uneducated persons, not acquainted with their rights) of the right to rescind mortgages on a threshing machine and real estate, but supposed to bo on the real estate alo