Shimerda v. Wohlford

Citations

• 13 S.D. 155
• 82 N.W. 393
• 1900 S.D. LEXIS 105

Syllabus

<p>Under Comp. St. # 4348, providing that a transfer of property as security shall be deemed a mortgage, and Section 4358, providing that a mortgagee is not entitled to possession of mortgaged property unless expressly authorized by the mortgage, a fraudulent conveyance of real estate, by one holding it as security, to a purchaser with knowledge, is only effective as an assignment of the grantor’s mortgage interest; and the grantee is not entitled to the possession of the property when it is sufficient to pay the debt.</p>