McCardia v. Billings
North Dakota Supreme Court
Appeal from District Court, Pembina County; Kneeshaw, J. Action by Margaret McCardia against Christopher C. Billings and others. The mortgage of a homestead must be signed and acknowledged by both husband and wife. § 2451 Comp. Laws, § 3608, Rev. Codes; Myrick v. Billings, 5 Dak. 167. Plaintiff testified that she never signed or acknowledged the instrument, and the notary does, not certify (that she did.
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Appeal from District Court, Pembina County; Kneeshaw, J. Action by Margaret McCardia against Christopher C. Billings and others. The mortgage of a homestead must be signed and acknowledged by both husband and wife. § 2451 Comp. Laws, § 3608, Rev. Codes; Myrick v. Billings, 5 Dak. 167. Plaintiff testified that she never signed or acknowledged the instrument, and the notary does, not certify (that she did. Nothing will be presumed in favor of a notary’s certificate of acknowledgement. Harty v. Ladd, 3 Or. 353 Lindlie v. Smith, 46 111. 523; Danglarde v. Elias, 22 Pac. Rep. 69; Hand v. Weidner,…
1Opinion of the CourtMorgan, J.
This action was instituted for the purpose of determining conflicting claims to the real estate described in the complaint, and for the purpose of securing possession of such real estate. The complaint is in the usual form in such actions, and sets up the ownership of the lands by plaintiff, and that the defendants are in possession thereof, and claim an estate and interest therein adverse to the plaintiff, and that such claim is without any right, and their possession wrongful. The answer alleges that the defendants, Christopher C .Billings and Rebecca E. Billings are in possession of said…
2Cases cited14 opinions
- Lee v. ClaryMichigan Supreme Court · 1878
- Reading v. WatermanMichigan Supreme Court · 1881
- Oliphant v. LiversidgeIllinois Supreme Court · 1892
- Bacon v. Northwestern Mutual Life InsuranceSupreme Court of the United States · 1889
- Montgomery v. HornbergerCourt of Appeals of Texas · 1897
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3Cited by16 opinions
- Dixon v. KaufmanNorth Dakota Supreme Court · 1953
- Klundt v. PfeifleNorth Dakota Supreme Court · 1950
- Hebden v. BinaNorth Dakota Supreme Court · 1908
- Patnode v. DeschenesNorth Dakota Supreme Court · 1906
- Probert v. CaswellSupreme Court of Oklahoma · 1923
11 more not listed; retrieve them via the Exa API.