Mulroy v. Sioux Falls Trust & Savings Bank

Taylor, C.

Appeal from an order sustaining the demurrer of defendant bank to plaintiff’s complaint. The complaint, made in October, 1924, consists of 8 paragraphs. The first 7 set forth in substance that plaintiff was, and for some years had been, the owner of a quarter section of land in Nobles county subject to a mortgage of $8,500 executed to defendant bank; that the north half of the quarter section was plaintiff’s homestead; that on February 17, 1923, plaintiff was duly adjudged a bankrupt on his voluntary petition; that in his petition to be adjudged a bankrupt he asked that the north…