Merager v. Madson

Citations

• 19 S.D. 400
• 103 N.W. 650
• 1905 S.D. LEXIS 56

Syllabus

<p>1. Where, in a suit to foreclose a mortgage, the only evidence offered by plaintiff was a purported assignment of the mortgage from the ostensible mortgagee, and the evidence introduced by defendant, which was uncontradicted, showed a disavowance of ownership of the mortgage by plaintiff’s assignor, and further showed that defendant had at all times been in possession of the note and mortgage, a finding that plaintiff had failed to establish her ownership of the mortgage and right to re7 cover was justified.</p> <p>2. On appeal from a judgment dismissing the complaint, which was authorized by competent and uncontroverted evidence, it would be presumed that the trial court disregarded incompetent evidence introduced by defendants, and based its conclusion on the competent evidence.</p> <p>3. In a suit to foreclose a mortgage, title to which is claimed by one of the defendants, plaintiff cannot complain of a judgment of dismissal, where she fails to establish her title to the mortgage, although the title of defendant is also doubtful.</p>