Paine v. Dodds
North Dakota Supreme Court
Appeal from District Court, Nelson county; Fisk, J. ' Action by J. A. Paine against Helen Dodds and others. Judgment for defendants, and plaintiff appeals. An action for the foreclosure of a mortgage is equitable in its nature, and in personam. Rev. Codes 1899, section '5156; Brainard v. Cooper, 10 N. Y. 356. An action to foreclose a mortgage is barred ten years after the cause of action accrued, subject to the 'same exception.
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Appeal from District Court, Nelson county; Fisk, J. ' Action by J. A. Paine against Helen Dodds and others. Judgment for defendants, and plaintiff appeals. An action for the foreclosure of a mortgage is equitable in its nature, and in personam. Rev. Codes 1899, section '5156; Brainard v. Cooper, 10 N. Y. 356. An action to foreclose a mortgage is barred ten years after the cause of action accrued, subject to the 'same exception. Rev. Codes, section 5207; chapter 120, Laws of 1901; Peters v. De La Plaine, 49 N. Y. 36-2; Ozmun v. Reynolds, 11 Minn. 459; W'hal-ley v. Eldridge, 24 Minn. 358;…
1Opinion of the CourtEngerud, J.
This is an appeal by plaintiff from a judgment dismissing an action to foreclose a mortgage on real property. The trial court held that the action was barred by the statute of limitations, which was the only defense relied upon. The appeal is under section' 5630, Rev. Codes 1899, and, although a new trial of all the issues is demanded by the appellant, the only issue on which there is any controversy is that raised by the plea of the statute of limitations.
On December 24, 1883, James Dodds made and delivered to John R. Paine a principal promissory note for $250, payable January 1, 1887,…
2Cases cited6 opinions
- Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
- Smith v. ChapinSupreme Court of Connecticut · 1863
- Bassett v. BassettNew York Supreme Court · 1870
- Nelson v. TriggTennessee Supreme Court · 1880
- First National Bank v. BissellNew York Circuit Court · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Boucofski v. JacobsenUtah Supreme Court · 1909
- Beggs v. PaineNorth Dakota Supreme Court · 1906
- Nash v. Northwest Land Co.North Dakota Supreme Court · 1906
- Bank of Nevada v. FriedmanNevada Supreme Court · 1966
- Boyum v. JohnsonCourt of Appeals for the Eighth Circuit · 1942
18 more not listed; retrieve them via the Exa API.