Charles Mix County Bank v. Calta

This action was begun to foreclose a third mortgage on real estate securing’ the payment of a promissory note of $8,000, given by defendants to plaintiff and for a deficiency judgment against defendants. It appears that the value of the mortgaged property does not exceed $9,600, and that the two prior mortgages aggregate the principal sum of $7,000, besides a large, amount of accrued interest ánd taxes.

During the pendency of the action and before trial plaintiff secured a warrant of attachment in this action, and caused defendants’ stock of hardware and fixtures to be attached. The defendants…