Commercial Nat. Bank v. Smith

In September, 1889, respondent commenced the foreclosure , by advertisement, under Section 5411 et seq., Comp. Laws, of a mortgage upon real estate in the county of Beadle, given by appellants to Edgar C. Avery, and through successive transfers, finally assigned to respondent. Before the day appointed for the sale of the mortgaged premises the appellant Nathan T. Smith, presented his affidavit to the judge of the district within which said Beadle county was situated, alleging ‘that the note secured by said mortgage had been fully paid, taken up, and canceled,” and more particularly alleging…