Parker v. Randolph

Citations

• 10 S.D. 402
• 73 N.W. 906
• 1898 S.D. LEXIS 2

Syllabus

<p>1. In an action to foreclose a mortgage assigned by E. to plaintiff, it appeared that, after the assignment, E. cancelled the mortgage of record without payment, and without plaintilf’s knowledge; that afterwards two mortgages on the same land were given to one L.; and that the mortgagor gave L. a quitclaim deed to the land. L. testified that his deed was received in payment of the said two mortgages, and that, “in the month in which these two mortgages were purchased, I had a loan of $2,500 paid off, and, under general instructions to E., the amount so paid off was reinvested” in such mortgages. Held, that the court properly found that E. was the agent of L., and that he was charged with E’s knowledge.</p> <p>2. Questions decided on a former appeal will not he reversed on a second appeal in the same action where the facts are substantially the same.</p>