State ex rel. Brooks Bros. v. O'Connor
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Templeton, J. Petition for mandamus by the State of North Dakota, on the relation of Lester R. Brooks, Dwight F. Brooks, and Anson S. Brooks, co-partners as Brooks Bros., against Michael J. O’Connor, sheriff. Judgment for plaintiffs. Defendant appeals.
1Opinion of the CourtCorliss, J.
The controversy in this case relates to the right of redemption from a mortgage foreclosure sale. A first mortgage upon the premises involved was foreclosed by advertisement, and the sale under such foreclosure took place June 24, 1895. 0° the 23rd of April, 1896, Brooks Bros., who (we will assume, for the purposes of this decision) held a third mortgage upon the property, redeemed the same from such foreclosure sale. On the 23rd of June, 1896, the Security Trust Company, holding a second mortgage upon the land, attempted to redeem from the third mortgagee, who had redeemed. The only question…
2Cases cited4 opinions
- Gilchrist v. . ComfortNew York Court of Appeals · 1866
- Morss v. . PurvisNew York Court of Appeals · 1877
- Boyle v. DaltonCalifornia Supreme Court · 1872
- Gilfillan v. RyderSupreme Court of Minnesota · 1875
3Cited by13 opinions
- Lynch v. BurtCourt of Appeals for the Eighth Circuit · 1904
- Spackman v. GrossSouth Dakota Supreme Court · 1910
- Mollerup v. Storage Systems InternationalUtah Supreme Court · 1977
- Styles v. DickeyNorth Dakota Supreme Court · 1912
- Union Esperanza Mining Co. v. Shandon Mining Co.New Mexico Supreme Court · 1913
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