Eynon v. Thompson
North Dakota Supreme Court
Action to foreclose a mortgage in District Court, Wells County,. Coffey, J. The intervener has appealed from a judgment of foreclosure.
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Action to foreclose a mortgage in District Court, Wells County,. Coffey, J. The intervener has appealed from a judgment of foreclosure. “A mortgagee of realty is regarded a purchaser thereof; and if his mortgage is supported by actual present consideration, and is given and taken in good faith and without fraud, he is treated as a bona fide purchaser for value, and as such is protected from adverse claims of which .he had no notice, actual or constructive, including not only prior deeds or other conveyances of the premises, but also all other liens upon it or claims of interest in it.” 27…
1Opinion of the CourtBronson, J.
Statement. — This is an action to foreclose a mortgage. The intervener has appealed from a judgment in favor of the plaintiff, and demands a trial de novo. The facts disclosed by the evidence are as follows: One Norton, an incompetent under guardianship, was the owner of three vacant lots in the town of Chaseley. The guardian testified that he first had a talk with defendant Thompson, one Sheppard and one Knoble about purchasing these three lots. They wanted to build upon the lots. He *392niad'e a price of $250 for the lots. They told him the money would be deposited at the bank of the defendant…
2Cases cited2 opinions
- Simonson v. WenzelNorth Dakota Supreme Court · 1914
- Sarles v. McGeeNorth Dakota Supreme Court · 1891
3Cited by3 opinions
- Magnuson v. BreherNorth Dakota Supreme Court · 1939
- Welsch v. LeeDistrict Court, D. North Dakota · 1941
- Magnuson v. BreherNorth Dakota Supreme Court · 1939