Farmers' & Merchants' National Bank v. Bank of Commerce

MORIARTY, C.

This action was brought by the appellant, Farmers’ & Merchants’ National Bank of Milbank, for the purpose of restraining the sheriff of Grant county from issuing a sheriff’s deed conveying to the respondent a certain 80-acre tract of land, situate in said county. The appellant’s complaint further prays that in this action the rights of the parties be adjudicated, and that plaintiff be adjudged to have a lien upon said land superior to that of respondent, and to have a right to the issuance of a sheriff’s deed conveying to appellant the land in controversy.

The facts are as follows:…