Bank of Iowa & Dakota v. Price

Citations

• 9 S.D. 582
• 70 N.W. 836
• 1897 S.D. LEXIS 107

Syllabus

<p>A pleading filed by defendant O. in an action to foreclose a chattel mortgage executed by defendant, P. to secure plaintiff’s notes, and certain others, owned, as alleged in the complaint, by defendant O., is an answer in the nature of a cross bill, entitling O. to affirmative relief in equity against P., it being therein admitted that he is the owner of the notes, as alleged in the complaint, and alleged that by agreement of the parties the mortgage was security, first for his notes, and then for plaintiff’s; that the mortgage provided for foreclosure on default of any payment, and that by the terms thereof the entire amount is due and payable; and the pleading concluding with a prayer for a decree foreclosing the mortgage.</p>