Johnson v. Dakota National Bank

This is an appeal from an order overruling a demurrer to a complaint, which alleged in substance:

That in an action brought by defendant versus plaintiff to foreclose a real estate mortgage on lots 7, 8, 9, 10, and 11 in block 41, Witherspoon’s addition to Yankton, these separate lots were sold en masse for the sum of $1,748.58. That the principal, *384interest, and costs due on this mortgage at the time of sale were $1,163.32, and judgment was entered by default in said action for $1,163.32. That plaintiff, claiming to have paid ,$533.15 for certain taxes and assessments on the property directed,…