Rasmussen v. Stanfield

MORIARTY, C.

The appellant, Herman Rasmussen, brought this action to secure a decree canceling and declaring void a certain mortgage foreclosure and the sheriff’s deed issued to respondent Joseph Peterka, pursuant to such foreclosure, and adjudging a certain mortgage held by appellant to be a valid first lien on the land described in said sheriff’s deed.

There is practically no dispute as to the facts, which are as follows: i

In March, 1920, the respondent Joseph Peterka conveyed to Carl Stanfield a tract of land in Hand county. On March 1, 1920, said Carl Stanfield and his wife mortgaged said…