Geo. B. Clifford & Co. v. Henry
North Dakota Supreme Court
Appeal from the District Court of Nelson County, C. M. Cooley, J. The foreclosure by advertisement of a real • estate mortgage containing the power of sale carries to the purchaser all the rights and benefits accorded to a purchaser under foreclosure by action and sale of the land under execution. Code § 7762; Code, art. 1, chap. 30. Unlike our Code and practice, in California mortgages are foreclosed by action, and the sale is made under execution issued upon the decree.
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Appeal from the District Court of Nelson County, C. M. Cooley, J. The foreclosure by advertisement of a real • estate mortgage containing the power of sale carries to the purchaser all the rights and benefits accorded to a purchaser under foreclosure by action and sale of the land under execution. Code § 7762; Code, art. 1, chap. 30. Unlike our Code and practice, in California mortgages are foreclosed by action, and the sale is made under execution issued upon the decree. The law and rules of procedure there in this respect are not applicable here. Cal. Code Civ. Proc. §§ 675a, 684, 726, et…
1Opinion of the CourtBirdzell, J.
This is an appeal from a judgment entered in the district court of Nelson county in an action brought to recover the value of the use and occupation of certain lands. The plaintiff had judgment for $960 damages and for costs. The case arose upon the following facts: '
On August 6, 1912, the defendant and appellant purchased from T. O. and W. W. Smith, of Springfield, Illinois, the east half of section 20 and the west half of section 21, township 153 N., range 59 W., of the P. M., Nelson county. The agreed price was $22,400, $5,000 of which was paid in cash and the remainder was to be paid in…
2Cases cited5 opinions
- Harris v. ReynoldsCalifornia Supreme Court · 1859
- Rudolph v. HermanSouth Dakota Supreme Court · 1893
- State ex rel. Forest Lake State Bank v. HermanNorth Dakota Supreme Court · 1917
- Clement v. ShipleyNorth Dakota Supreme Court · 1892
- Knight v. TruettCalifornia Supreme Court · 1861
3Cited by13 opinions
- Skinner v. American State BankNorth Dakota Supreme Court · 1971
- Farm Mortgage Loan Co. v. PettetNorth Dakota Supreme Court · 1924
- Caldwell v. ThiessenIdaho Supreme Court · 1939
- Fargo Building & Loan Ass'n v. RiceNorth Dakota Supreme Court · 1935
- First National Bank of Turtle Lake v. Bovey, Shute & Jackson, Inc.North Dakota Supreme Court · 1922
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