Steinwand v. Brown
North Dakota Supreme Court
Appeal from District Court of Dickey County, Honorable Frank P. Allen, Judge. Defendant appeals. To entitle a party to foreclose a mortgage by advertisement, all assignments must first be duly recorded.
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Appeal from District Court of Dickey County, Honorable Frank P. Allen, Judge. Defendant appeals. To entitle a party to foreclose a mortgage by advertisement, all assignments must first be duly recorded. Code, § 8077, subd. 3; Page v. Smith, 33 N. D. 369, 157 N. W. 477, and cases cited; Morris v. McKnight, 1 N. D. 266, 47 N. W. 375; Langmaack v. Keith, 19 S. D. 351, 103 N. W. 210. A party foreclosing a mortgage by advertisement must not only own the mortgage in fact, but his ownership must appear upon the records in the office of the register of deeds. Otherwise a party has no right to so…
1Opinion
On Petition for Rehearing.
Per Curiam :
The counsel for the appellant has filed a petition for rehearing, in which it is urged that important questions presented by the record have not been decided, or, if decided, that the decision is erroneous. It is urged that the foreclosure of the mortgage was valid by reason of the fact that the assignment had not been recorded. Conceding this to be the law, it is still true that one who goes into possession of land under a sheriff’s deed, issued in pursuance of a void foreclosure, is in possession under color of title. The real question, then, under the…
2Cases cited6 opinions
- Miner v. . BeekmanNew York Court of Appeals · 1872
- Trimm v. . MarshNew York Court of Appeals · 1874
- Nash v. Northwest Land Co.North Dakota Supreme Court · 1906
- Hubbell v. . SibleyNew York Court of Appeals · 1872
- Houts v. HoyneSouth Dakota Supreme Court · 1900
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