Kuiper v. Miller

Plaintiff brought an action in conversion against the defendant, a sole trader doing business as the J. C. Miller Elevator. The defendant demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action.

The complaint alleges that .on or about March 1, 1919, one Sandum was the owner of certain real estate, situated in Cass county, and then executed a mortgage thereon securing an indebtedness due the plaintiff; that this mortgage ivas subsequently foreclosed, owing to defaults thereunder, and that, in due course, a sheriff's certificate of sale was…