Grigsby v. Plankinton Bank
South Dakota Supreme Court
Appeal from .Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. . . . . On rehearing. Action by William E. Grigsby against The Pl'ankiütom' Bank and 'Others, to quiet title to: realty. From an order granting defendants.’ motion to serve and file an amended answer and 'counterclaim, plaintiff .appeals. No brief was filed by either party upon die points involved in the appeal from said order.
1Opinion of the CourtFuller, P. J.
This case comes to this court on appeal from an order .granting- defendants’ motion to serve and file an amended answer 'and counterclaim in an .action to: quiet title to real, property. For the reason stated in Murphy v. Plankinton Bank, 105 N. W. 245, presented upon the same abstract and briefs and decided herewith on rehearing, such order is reversed to the extent 'that the same provides for the foreclosure of an alleged mortgage on the lands in controversy, and the case is remanded, with the direction that the count below eliminate from such amended answer and counterclaim all allegations…
2Cases cited1 opinion
- Murphy v. Plankinton BankSouth Dakota Supreme Court · 1905