Walrath & Sherwood Lumber Co. v. Ferris

This is an action to establish and foreclose a mechanic’s lien against certain farm (real) property located in Bennett county, S. D.

On September 20, 1926, H. A. Kiser, appellant herein, sold and conveyed to one Fud Ferris by warranty deed certain lands in Bennett county, S. D., which included the quarter section of land against which the mechanic's lien is attempted to' be enforced, taking back a real estate purchase price mortgage. Fud Ferris went into possession and until March, 1932, was at all times the owner of said land. On September 25, 1929, the mortgage being in default, Kiser…