Farmers State Bank of Richardton v. Brown

On petition for rehearing.

Birdzell, J.

The respondents have filed a petition for rehearing in which it is asserted that while .Brookings admits that the corpor ation was existing in the year 1917 when his dealings were had with it, the defendants question the existence of the corporation at the time when the mortgage to the plaintiff was executed. Thus, it is appai’ent that the claim of both the plaintiff and the defendants to the property in question is from the same source; namely, the corporation. But the contention is made that it was nevertheless incumbent upon the plaintiff to prove the…