Colonial & United States Mortgage Co. v. Northwest Thresher Co.
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Action by the Colonial & United States Mortgage Company, Limited, against the Northwestern Thresher Company. Judgment for plaintiff, and defendant appeals. The absence from the state, or the nonresidence of the original mortgagor, does not extend the time within which an action of foreclosure may be brought, as against subsequent grantees or holders of the equity of redemption.
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Appeal from District Court, Cass county; Pollock, J. Action by the Colonial & United States Mortgage Company, Limited, against the Northwestern Thresher Company. Judgment for plaintiff, and defendant appeals. The absence from the state, or the nonresidence of the original mortgagor, does not extend the time within which an action of foreclosure may be brought, as against subsequent grantees or holders of the equity of redemption. Wood v. Goodfellow, 43 Cal. 185; Watt, v. Wright, 66 Cal. 202, 5 Pac. 91; Lord v. Morris, 18 Cal. 482;-. George v. Butler, 67 P.ac. 263; Anderson v. Baxter, 4 Ore.…
1DissentYoung, J.
('dissenting). I cannot agree to the conclusion which my associates have announced in this case. In my opinion .it is not warranted by the language of section 5-210, Rev. 'Codes 1899, which we all agree applies to this action, and does violence to well-settled legal principles. Their conclusion, as I view it, rests upon a misconstruction of the governing statute so radical in character that in effect it amounts to a judicial amendment. It may be true that the results which will follow in this case are desirable, and that the consequences which will follow the adoption of the theory of the…
2Cases cited48 opinions
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