Fox v. Nelson
North Dakota Supreme Court
Appeal from the District Court of Benville County, Leighton, J. Action of subsequent lien holder to redeem from the redemption of a lien holder. Judgment for defendant. Plaintiff appeals.
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Appeal from the District Court of Benville County, Leighton, J. Action of subsequent lien holder to redeem from the redemption of a lien holder. Judgment for defendant. Plaintiff appeals. Statement of facts by Bruce, J. This is an action to redeem real estate from a mortgage sale which was made on the 29th day of July, 1911, and from the defendant, as a redemptioner, who redeemed from such sale on or about the 10th day of June, 1912. It appears that the title to the land was originally in E. W. Mattern, and that on the 8th day of November, 1906, Mattern and his wife mortgaged the land in…
1DissentChristianson, J.
I cannot agree to the conclusion reached hy my associates in this case. In my opinion the majority opinion does violence to well-settled legal principles, utterly ignores prior decisions of this court, which have become rules of property in this state, and places a misconstruction upon the governing statutes so radical in character as to amount to a judicial amendment. The de*598cisión, also, while apparently based on equitable considerations, is not only legally unsound, but manifestly unjust and inequitable to the defendant in this case.
This action was tried to the court without a jury. The…
2Cases cited18 opinions
- In the Matter of Opening Eleventh AvenueNew York Court of Appeals · 1880
- Hervey v. KrostIndiana Supreme Court · 1888
- North Dakota Horse & Cattle Co. v. SerumgardNorth Dakota Supreme Court · 1908
- Yazoo & Mississippi Valley Railroad v. AdamsMississippi Supreme Court · 1902
- Paine v. DoddsNorth Dakota Supreme Court · 1905
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