South Dakota Supreme Court December 3, 1897 (Thompson v. Browne)

Puller, J.

This acftion in equity to set aside fthe foreclosure of a real-estate mortgage by advertisement under a power of sale, and for an accounting, was instituted by a mortgagor against an assignee for the benefit of the mortgagee’s creditors, and resulted in a judgment for the defendant, from which, and an order overruling a motion for á new trial, plaintiff appealed.