Duke v. Utica State Bank

MISER, C.

Appellant seeks to recover, in this action, the value of certain corn which he alleges to have been converted by respondents. The appeal is from an order sustaining respondents’ demurrer to appellant’s. complaint. The complaint demurred to alleges in brief that, in May, 1920, appellant mortgaged his farm in Yankton county to respondent -bank to secure his promissory *34note for $8,730.50; that, default having occurred, this mortgage was regularly foreclosed by advertisement; that, on April 23, 1925, land was bid in by respondent bank for an amount $1,000 less than the debt with costs of…