Strehlow v. McLeod
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Action by Wiliam Strehlow against Donald McLeod. Judgment for defendant, and plaintiff appeals. In the foreclosure of a mortgage on property in defendant’s possession, mortgagor cannot gainsay his act in giving the mortgage.
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Appeal from District Court, Cass County; Pollock, J. Action by Wiliam Strehlow against Donald McLeod. Judgment for defendant, and plaintiff appeals. In the foreclosure of a mortgage on property in defendant’s possession, mortgagor cannot gainsay his act in giving the mortgage. Redman v. Bellamy, 4 Cal. 247; Land Association v. Viera, 48; Cal. 572'; Tartar v. Hall, 3 Cal. 263; Carson v. Cochran, 53 N. W. 1130; Barber v. Harris, 15 Wend. 615; Strong v. Waddell, 56 Ala. 471; Wyckoff v. Gardner, 20 N. J. L. 556; Cobbey on Chattel ’Mortgages, section 785; Harvey v. Harvey, 13 R. I. 598; Adams v„…
1Opinion
ON PETITION FOR REHEARING.
Since the foregoing opinion was filed, counsel for appellant have presented a petition for rehearing, in which they contend that there is no proper evidence to support the conclusion that, since the action was commenced, and prior to the trial, appellant had converted the grain covered by his mortgage by a sale thereof. In such petition counsel direct our attention to the testimony drawn out on cross-examination of plaintiff over proper objections, and they contend that this is the only evidence that the barley seized under the warrant had been disposed of. If…
2Cited by1 opinion
- Strehlow v. McLeodNorth Dakota Supreme Court · 1908