Kammann v. Barton

This case is before us on rehearing. The former opinion of the court will be found in 23 S. D. 442, 122 N. W. 416, where the case is fully stated.

Only one proposition requires consideration on this rehearing. The issue as to the execution and -delivery of the notes and mortgage sought to be foreclosed in this action was fully litigated and decided as to the defendant Hunter in the former action of Hunter v. Kammann, as is conclusively shown -by the judgment and record in that action. The ground of our former decision awarding a new trial to both defendants 'was 'that, while the pleadings in…