Colonial & United States Mortgage Co. v. Northwest Thresher Co.
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Action by the Colonial & United States Mortgage Company, Limited, against the Northwestern Thresher Company. Judgment for plaintiff, and defendant appeals. The absence from the state, or the nonresidence of the original mortgagor, does not extend the time within which an action of foreclosure may be brought, as against subsequent grantees or holders of the equity of redemption.
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Appeal from District Court, Cass county; Pollock, J. Action by the Colonial & United States Mortgage Company, Limited, against the Northwestern Thresher Company. Judgment for plaintiff, and defendant appeals. The absence from the state, or the nonresidence of the original mortgagor, does not extend the time within which an action of foreclosure may be brought, as against subsequent grantees or holders of the equity of redemption. Wood v. Goodfellow, 43 Cal. 185; Watt, v. Wright, 66 Cal. 202, 5 Pac. 91; Lord v. Morris, 18 Cal. 482;-. George v. Butler, 67 P.ac. 263; Anderson v. Baxter, 4 Ore.…
1Opinion of the CourtEngerud, J.
This is an action to foreclose a mortgage upon 160 acres of land situated in Dickey county. The mortgage was executed on May 16, 1883, and recorded on June 11, 1883. It was given by Fred West, who was then the owner of the land, to secure his note for $335 of even date. The note became due November 1, 1888. No payments have been made upon it. In the fall of 1887 West moved from the territory of Dakota, and has since been absent from this jurisdiction. In December, 1887, after leaving the territory, he conveyed the land to E. S. Brown, receiver of the Northwestern Manufacturing and Car…
2Cases cited65 opinions
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- Olcott v. . the Tioga Railroad CompanyNew York Court of Appeals · 1859
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