Wenzlaff v. Tripp State Bank

This case is before us on rehearing. The former opinion is reported in 50 S. D. 6, 208 N. W. 222. Here *449we state only such facts as are necessary to an understanding of the question now before, us, referring to the former opinion for such other facts as may be desired.

Plaintiff brought the action to foreclose a $17,500 mortgage on the Tripp State Bank building, executed by Waldemar Wenzlaff, president of the bank, as mortgagor, to the bank, as mortgagee. Waldemar W'enzlaff held the record title to the building. In our former opinion this mortgage was held invalid because the bank was the true…