Drexler v. Commercial Savings Bank

FARIS, District Judge.

' This action was begun below by appellee, to foreclose a mortgage upon certain land situate in Miner county,' S. D. Defendant Drexler, sole; defendant below and appellant here, set up by his answer that he was an innocent, subsequent purchaser for value of the lands in dispute, without actual notice of the morti gage herein sought to be foreclosed, and that no constructive notice was comported by the recording of this mortgage; because such mortgage did not contain therein the post office address of the mortgagee, as required by a local statute.

Defendant further set up…