Richardson v. Dunlap Livestock Auction, Inc.

UHLENHOPP, Justice.

In this case we must decide whether the defendant can take advantage of a prior adjudication against the plaintiff.

Plaintiff Tedd F. Richardson held a mortgage on cattle owned by Clarence A. Neppl. Neppl sold some of the cattle to Harold Stender and Burdell Jensen through the auction ring of Dunlap Livestock Auction, Inc. Neppl did not remit the proceeds of the sales to Richardson.

Richardson sued Neppl, Stender, and Jensen (and others not involved here) to foreclose his mortgage. Neppl defaulted, but Stender and Jensen defended on the ground that Richardson consented to the…