Ricker v. Stott

Citations

• 13 S.D. 208
• 83 N.W. 47
• 1900 S.D. LEXIS 126

Syllabus

<p>1 The finding's of fact of the trial court will be presumed to be sustained by the evidence until the contrary clearly appears.</p> <p>2. A mortgagee who has discharged a mortgage of record by mistake is entitled to ha.ve the discharge canceled, and the mortgage reinstated as against a purchaser from the mortgagor with notice of ‘the mistake,</p> <p>3. A discharge oí a mortgage of record by mistake may be canceled, and the mortgage reinstated and enforced, where it can be done without injury to innocent third persons.</p>