Legal Opinion

Summerville v. Sorrenson

North Dakota Supreme Court

Decided February 14, 1912PublishedCited by 7 opinions

Appeal by relators from a judgment of the District Court for Ward County; Goss, J., quashing a writ of mandamus to compel defendant to issue to relators a certificate of redemption on certain property. The record made by relators on their offer to redeem was sufficient on its face. North Dakota Horse & Cattle Co. v. Serumgard, 17 N. D. 466, 29 L.R.A.(N.S.) 508, 138 Am.

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Appeal by relators from a judgment of the District Court for Ward County; Goss, J., quashing a writ of mandamus to compel defendant to issue to relators a certificate of redemption on certain property. The record made by relators on their offer to redeem was sufficient on its face. North Dakota Horse & Cattle Co. v. Serumgard, 17 N. D. 466, 29 L.R.A.(N.S.) 508, 138 Am. St. Rep. 717, 117 N. W. 453; Williams v. Lash, 8 Minn. 496, Gil. 441; Tinkcom v. Lewis, 21 Minn. 132; Pamperin v. Scanlan, 28 Minn. 345, 9 N. W. 868; Sardeson v. Menage, 41 Minn. 316, 43 N. W. 66; Wilson v. Hayes, 40 Minn. 531,…

1Opinion of the CourtBurke, J.

The Kenmare National Bank was the holder of a sheriff’s certificate issued to it upon a tract of land sold under mortgage foreclosure by advertisement. Upon the last day hut one of the period of redemption, plaintiffs attempted to redeem from said certificate in accordance with § 7146, Revised Codes of 1905, claiming that they were junior mortgagees.' They served upon the sheriff, at different times during said day, the following papers: First, a notice of redemption, stating that they desired to redeem “by virtue of a junior mortgage upon said premises dated July 25, 1906, and recorded…

2Cases cited9 opinions

  1. Wilson v. HayesSupreme Court of Minnesota · 1889
  2. Horton v. MaffittSupreme Court of Minnesota · 1869
  3. Tinkcom v. LewisSupreme Court of Minnesota · 1874
  4. Pamperin v. ScanlanSupreme Court of Minnesota · 1881
  5. Wilson v. RussellSupreme Court Of The Territory Of Dakota · 1887

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3Cited by7 opinions

  1. Ron Nord v. Walsh CountyCourt of Appeals for the Eighth Circuit · 2014
  2. Turnquist v. KjelbakNorth Dakota Supreme Court · 1956
  3. State v. LaFlameNorth Dakota Supreme Court · 1915
  4. McGee v. MarshallNorth Dakota Supreme Court · 1926
  5. Scofield v. WilcoxNorth Dakota Supreme Court · 1916

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