Sox v. Miracle
North Dakota Supreme Court
Action to have an assignment of a school land contract declared a mortgage and for the foreclosure of the same. Claim of a prior attachment. Appeal from the District Court of La Moure County, J. A. Coffey, J. Judgment for plaintiff. Defendant Dodson, Fisher, Brockman Company appeals. . . . Under an executory contract for the purchase and sale of state school lands, the holder of such contract may maintain an action for injuries done to the lands.
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Action to have an assignment of a school land contract declared a mortgage and for the foreclosure of the same. Claim of a prior attachment. Appeal from the District Court of La Moure County, J. A. Coffey, J. Judgment for plaintiff. Defendant Dodson, Fisher, Brockman Company appeals. . . . Under an executory contract for the purchase and sale of state school lands, the holder of such contract may maintain an action for injuries done to the lands. Such holder has an interest in the lands. He is vested with an estate in the lands. Assignees of such holder, when the contract is properly…
1Opinion of the CourtBruce, J.
This is an action to have an assignment of a school-land contract declared a mortgage and for the foreclosure, of the same. The controversy, however, is between the assignor or mortgagor, W. M. Miracle, and his assignee, the. plaintiff, Herman E. Sox, and the de*464fendant Dodson, Fisher, Brockman Company, which claims under an alleged prior attachment.
On November 22, 1905, the certain school land in controversy was sold by the state of North Dakota to one James E. Brady under the usual executory contract for the sale of school lands. On April 25, 1909, Brady assigned this contract to the…
2Cases cited26 opinions
- Woodward v. McCollumNorth Dakota Supreme Court · 1907
- Davis v. WilliamsSupreme Court of Alabama · 1900
- Salzer Lumber Co. v. ClaflinNorth Dakota Supreme Court · 1907
- Dieter v. FraineNorth Dakota Supreme Court · 1910
- Brewster v. WarnerMassachusetts Supreme Judicial Court · 1883
21 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Aberle v. MerkelNorth Dakota Supreme Court · 1940
- Hokanson v. ZeiglerNorth Dakota Supreme Court · 2017
- State v. Towner CountyNorth Dakota Supreme Court · 1938
- McKindley v. Citizens State BankNorth Dakota Supreme Court · 1917
- Noss v. HagenNorth Dakota Supreme Court · 1979