Ferguson v. Sullivan

This is an appeal from a judgment sustaining a demurrer to plaintiff’s complaint and dismissing the action. The appellant was the owner of a tract of farm land in Latah county and executed a mortgage thereon in favor of respondent. Default was made in payment of the mortgage debt and foreclosure was had and on execution sale, which occurred May 25, 1936, respondent bid in the property. At the time of the sale, the land was in the possession of and being cultivated by one Virgil Hurlbert who was a lessee of the property under what is known as a. crop lease, whereby he had contracted to deliver…