Security State Bank of Ellendale v. Anderson

Defendants in case No. 28,325 appeal from a judgment.

Case No. 28,326 by stipulation was submitted to the lower court “on the same evidence and the same set of facts” as were presented in No. 28,325. The determination here applies to both cases.

The actions were in claim and delivery (replevin) brought to recover possession of livestock, hay, grain, and farm machinery owned by Anderson and in the possession of Hyland. On January 7, 1928, defendant Anderson gave to plaintiff his note for $881 secured by a mortgage on the above mentioned personal property.

On March. 2 Anderson, on his voluntary…