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WOLFF v. FARMERS STATE BANK

No. 9287.

55 N.W.2d 69 (1952)

WOLFF v. FARMERS STATE BANK et al.

Supreme Court of South Dakota.

October 13, 1952.

Attorney(s) appearing for the Case

Blaine Simons, Sioux Falls, for plaintiff and respondent.

Bogue & Masten, Canton, for defendants and appellants.

SICKEL, Presiding Judge.

Plaintiff is the owner of a farm in Lincoln county and Howard L. Ness was the tenant in possession under a cropper's lease. By the terms of the lease the tenant's share of the crop was three-fifths and the owner's share was two-fifths. The Farmers State Bank, defendant, held a mortgage on the tenant's share of the crop. The tenant divided the corn in the field by the row and when the corn was picked by the tenant the shares were placed in...

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