Phillips v. Phillips
North Dakota Supreme Court
Appeal from the District Court, Ward County, Honorable K. E< Leighton, Judge. Fraud cannot be presumed and the burden of proving it is on him who alleges it. Meyers v. Kaiser, 85 Wis. 382, 55 N. W. 688. The presumption is in favor of good faith, innocence, and honesty. 12 R. O. L. 424; Hart v. Church, 126 Oal. 471. See also note in 34 Am. St. Rep. 402. The purchaser of the equity of redemption stands in the shoes of the mortgagor as a successor in interest.
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Appeal from the District Court, Ward County, Honorable K. E< Leighton, Judge. Fraud cannot be presumed and the burden of proving it is on him who alleges it. Meyers v. Kaiser, 85 Wis. 382, 55 N. W. 688. The presumption is in favor of good faith, innocence, and honesty. 12 R. O. L. 424; Hart v. Church, 126 Oal. 471. See also note in 34 Am. St. Rep. 402. The purchaser of the equity of redemption stands in the shoes of the mortgagor as a successor in interest. Styles v. Dickey, 22 N. D. 513, 134 N. W. 702; Griffith v. Fox, 32 N. D. 660, 156.N. W. 239.
1Opinion of the CourtRobinson, J.
This case merits little discussion. The judgment was entered in August, 1917, and the appeal was not certified to this court until August 14, 1920. Such a procedure should not be tolerated.
To quiet his claim of title to a valuable lot, the plaintiff commenced this action against his mother and her judgment creditors. Each creditor avers that the lot is the property of the mother, and claims a lien on the same under a specified judgment. The plaintiff appeals from a decree in favor of the judgment creditors. The judgments docketed against Lizzie Phillips, in favor of the defendants, are as…
2Cases cited1 opinion
- Brasie v. Minneapolis Brewing Co.Supreme Court of Minnesota · 1902
3Cited by1 opinion
- Burdick v. Farmers' Mercantile Co.North Dakota Supreme Court · 1921