Lyon v. Plankinton Bank

• Citation: 105 N.W. 246,20 S.D. 181
• Parties: LYON v. PLANKINTON BANK et al.
• Decision Date: 01 November 1905
• Court: Supreme Court of South Dakota

105 N.W. 246

20 S.D. 181

LYON v. PLANKINTON BANK et al.

Supreme Court of South Dakota

November 1, 1905

On rehearing. Former opinion modified, and order below modified.

For former opinion, see 100 N.W. 1127.

Grigsby & Grigsby and Davis, Lyon & Gates (Aikens & Judge, of counsel), for appellants. Rogde & Winans (James F. Trottman and James G. Flanders, of counsel), for respondents.

FULLER, P. J.

Plaintiff appeals from an order granting defendants leave to serve and file an amended answer and counterclaim in an action to quiet title to real property; and for the reasons stated on rehearing in Murphy v. Plankinton Bank, 105 N.W. 245, herewith submitted and decided, such order is reversed in so far as the same provides for the foreclosure of an alleged mortgage upon the premises in controversy, and the case is remanded, with the direction that the trial court eliminate from such amended pleading all allegations essential to a foreclosure of the mortgage.