South Dakota Supreme Court March 31, 1930, File No. 6850 (Smith v. Gasper)

'MISER, C.

On February 25, 1927, in collecting the debts d)ue the insolvent Estelline State Bank, appellant sold on foreclosure that part of the mortgaged property which was surrendered by Theodore Gasper, mortgagor. On March 1, 1927, appellant sued for possession of fourteen head of cattle and three hogs alleged to be covered by said mortgage and withheld by the mortgagor.