Pollock v. Wright

Citations

• 15 S.D. 134
• 87 N.W. 584
• 1901 S.D. LEXIS 96

Syllabus

<p>1. Under Comp. Laws, § 4856, providing that an action for relief for which no period of limitation is provided must be commenced within 10 years after the cause of action shall have accrued, an equity suit, by persons voluntarily paying a mortgage, to be subrogated to the rights of t'he mortgagee, will be deemed barred within that period after payment.</p> <p>2. Where a grantor at different times executed deeds to two different persons to the same property, subject to a mortgage, one who, after the deeds have been recorded, accepts a mortgage from the second gran-' tee and thereafter pays the first mortgage, will be deemed a volunteer in regard to the same, and will not be entitled to be subrogated to the prior mortgagee’s interest.</p> <p>Cokson, J., dissenting.</p>