Wylly v. Grigsby

Citations

• 10 S.D. 13
• 70 N.W. 1049
• 1897 S.D. LEXIS 1

Syllabus

<p>The grantee of mortgaged land conveyed it to C., for the former’s use and benefit, and afterwards obtained from the mortgagee’s agent a certificate of satisfaction executed by the mortgagee, which the agent had procured by fraud. After the mortgagee demanded of such grantee a return of the certificate, the latter delivered it to C., who had it recorded. Held, that an action of conversion against such grantee would not lie, since the mortgagee’s right to foreclose was not affected.</p>