Dale v. First National Bank of Rushmore

Olsen, C.

Action to enjoin the foreclosure of a mortgage and to have the mortgage and note secured thereby canceled on .the ground of fraudulent representations claimed to have been made by the cashier of defendant bank in obtaining the mortgage and note. Prior to the bringing of the action defendant had commenced proceedings to foreclose the mortgage by advertisement and sale. Anna Dale brings the action as sole plaintiff. The mortgage and note were given by Anna Dale and Jacob Dale, her husband. The mortgaged real estate is owned by Anna Dale alone and is not a homestead of either husband or…