Alford v. Southern Building & Loan Ass'n

FOSTER, Justice.

This is an action at law for money had and received, begun by appellant.

The claim is shown to be for a surplus of the purchase money of real estate sold under the power contained in a mortgage. Section 10145, subd. 5, Code.

The affirmative charge was given for appellee, on the theory that the sale had the effect of cutting off the right to inquire into certain items which entered into the consideration of the mortgage under such circumstances that there was no surplus if those items were included.

The suit is of course predicated upon the existence and foreclosure of the…