McHard v. Williams

Citations

• 8 S.D. 381
• 66 N.W. 930
• 1896 S.D. LEXIS 46

Syllabus

<p>In an action to-foreclose a mortgage on land given to secure a note, a counterclaim alleged that, at the time the note was given, defendant executed to plaintiff a chattel mortgage as security for the note; that thereafter, before filing it, plaintiff materially altered it, without the consent of defendant; that thereafter plaintiff pretending to foreclose the altered mortgage, unlawfully took the chattels and converted them, defendant knowing' nothing of the alteration till plaintiff had disposed of the chattels. Held, that th.6 cause of action set out in the counterclaim arose out of the transaction set out in the complaint, or was connected with the subject of the action.</p>