South Dakota Supreme Court March 2, 1900 (Northwestern Loan & Banking Co. v. Jonasen)

Corson, J.

This case comes before us on a petition for rehearing. It was decided at a former term of this court, and is reported in 11 S. D. 566; 79 N. W. 840. The petition for rehearing is based upon the ground that this court assumed in its opinion facts which are not in the record, in that it says; “That the statutory notice to quit was given, and that respond ents remained in possession after