Wilson v. Hayes-Lucas Lumber Co.

This case is before us on rehearing. The original opinion will be found in 49 S. D. 341, 207 N. W. 155, where the facts are more fully stated. The motion for rehearing is based on four grounds:(t) That appellant was not a party to the action brought by the AVessington Springs State Bank against Jonas Jonassen, Bertha Jonassen, and Frank Smith, and therefore was not bound by the judgment entered in that action.(2) That appellant was a good1 faith purchaser of the mortgage, on the foreclosure of which he bases his claim of title to the land and buildings in controversy.(3) That our former…