Heald v. Yumisko
North Dakota Supreme Court
Appeal from District Court, Dickey County; Lauder, J. Action by Thomas H. Heald against Erik Yumisko and Ina Yumisko to foreclose a mortgage. Decree for plaintiff, and defendants appeal.
1Opinion of the CourtBartholomew, J.
This was an action to foreclose a mortgage on real estate, given to secure the notes that represented the purchase price of such real estate. The defense was fraud and misrepresentation in the sale of the real estate, and payment. There was a decree for plaintiff, and defendants appeal.
*424At the outset a point is thrust upon us which involves the jurisdiction of the District Court, as. well as the jurisdiction of this court, to adjudicate upon the matter. The case was sent to a referee to take and report the testimony, and it is upon the testimony so taken that the judgment is based. Section…
2Cases cited15 opinions
- Hardin v. JordanSupreme Court of the United States · 1891
- Railroad Co. v. SchurmeirSupreme Court of the United States · 1869
- Boorman v. SunnuchsWisconsin Supreme Court · 1877
- Kraut v. CrawfordSupreme Court of Iowa · 1865
- Clute v. FisherMichigan Supreme Court · 1887
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3Cited by17 opinions
- North Shore, Inc. v. WakefieldNorth Dakota Supreme Court · 1995
- Gardner v. GreenNorth Dakota Supreme Court · 1937
- Roberts v. TaylorNorth Dakota Supreme Court · 1921
- Oberly v. CarpenterNorth Dakota Supreme Court · 1937
- Brignall v. HannahNorth Dakota Supreme Court · 1916
12 more not listed; retrieve them via the Exa API.