Peyton v. Nielsen

This proceeding is a sequel to the case of Peyton v. Neilsen, 60 S. D. 351, 244 N. W. 384. The plaintiff was attempting to foreclose a mortgage upon some property belonging to.Nielsen. This property was left in the care of Nielsen, and he was claiming an agister’s lien for the care of the property. We held in our former opinion that Nielsen was not entitled to that lien. It now appears that, while that case was pending, the property upon which the plaintiff was seeking to foreclose the mortgage was sol'd, and the money derived from the sale was delivered to the clerk of courts to be held by…