Thronson v. Blough
North Dakota Supreme Court
Appeal from District Court of Ward County, K. E. Leighton, J. This action being one to foreclose a real estate mortgage and to make a collection, and not a sale of collateral, the court could not appoint a guardian ad litem, for one not a party to such action. Comp. Laws 1913, § 6213; Farmers Bank v. Biedlinger, 27 N. D. 318, 146 N. W. 556. Such appointment cannot be had when the incompetent is not a party to the original action. Comp.
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Appeal from District Court of Ward County, K. E. Leighton, J. This action being one to foreclose a real estate mortgage and to make a collection, and not a sale of collateral, the court could not appoint a guardian ad litem, for one not a party to such action. Comp. Laws 1913, § 6213; Farmers Bank v. Biedlinger, 27 N. D. 318, 146 N. W. 556. Such appointment cannot be had when the incompetent is not a party to the original action. Comp. Laws 1913, §§ 7401, 8886, 8887. The note secured by the mortgage is negotiable and was transferred before maturity, and plaintiff took it free from defenses.…
1Opinion of the CourtBikdzell, J.
This is an appeal from a judgment entered in the district court of Ward county, in an action to foreclose a real estate mortgage. The judgment of the district court was in favor of the defendant and intervener. The facts are as follows:
On or about the 6th day of May, 1912, the defendant executed and delivered to her son, M. I. Brockett, a promissory note for $4,000 due five years after date. This note was secured by a real estate mortgage upon the southwest quarter of section 33, township 160, north of range 89, west of the fifth principal meridian. Thereafter, to wit, on the 22d day of…
2Cases cited1 opinion
- Farmers Bank v. RiedlingerNorth Dakota Supreme Court · 1914
3Cited by1 opinion
- Slorby v. JohnsonNorth Dakota Supreme Court · 1995