Borden v. McNamara
North Dakota Supreme Court
Appeal from District Court, Ward county; Honorable E. B. Goss, -J. Action in statutory form by Michael J. Borden, against Martha A. Graves and others, to determine adverse claims to real property. Plaintiff had judgment, defendant Graves appeals. [Rowan did not own the coupons and could not foreclose the mortgage securing them.
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Appeal from District Court, Ward county; Honorable E. B. Goss, -J. Action in statutory form by Michael J. Borden, against Martha A. Graves and others, to determine adverse claims to real property. Plaintiff had judgment, defendant Graves appeals. [Rowan did not own the coupons and could not foreclose the mortgage securing them. State Finance Co. v. Commonwealth Title Ins. & T. Co. 69 Minn. 219, 72 N. W. 68; Jones, Mortg. § 476; Kellogg v. Smith, 26 N. T. 18; Brown v. Blydenhurgh, 7 N. T. 141, 57 Am. Dec. 506; Gates v. Kelley, 15 N. D. 639, 110 N. W. 770. Transfer of the incident of a thing…
1Opinion of the CourtEllsworth, J.
This appeal arises in an action brought in statutory form to determine adverse claim to certain real property situated in the city of Minot. On June 23d, 1890,’ one Peter Funk was thé owner in fee of the property the title tó which is in controversy, and on that date made a mortgage of the same to bank of Minot to secure the payment of a principal note for $1,200 due in five years, with interest at 8 per cent per annum. With this note were given ten interest coupons for $48 each, the first maturing on December 23d, 1890, and the others at intervals of six months thereafter until the maturity…
2Cases cited2 opinions
- Cooley v. BraytonSupreme Court of Iowa · 1864
- Semple v. WrightCalifornia Supreme Court · 1867
3Cited by13 opinions
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- Robertson Lumber Co. v. Progressive Contractors, Inc.North Dakota Supreme Court · 1968
- Bragg v. BURLINGTON RESOURCES OIL & GAS CO. LPNorth Dakota Supreme Court · 2009
- Murrell v. STOCK GROWERS'NAT. BANK OF CHEYENNECourt of Appeals for the Tenth Circuit · 1934
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