Brynjolfson v. Osthus
North Dakota Supreme Court
Appeal from District Court, Ramsey County; John F. Cowan, J. Action by B. S. Brynjolfson against Andrew Osthus and others.. Judgment for plaintiff. Defendants appeal. A sale under a void foreclosure of a mortgage, has the effect of assigning the mortgage to the purchaser at such sale, and a sale by him has also the effect of assigning the mortgage.
Read the full summary
Appeal from District Court, Ramsey County; John F. Cowan, J. Action by B. S. Brynjolfson against Andrew Osthus and others.. Judgment for plaintiff. Defendants appeal. A sale under a void foreclosure of a mortgage, has the effect of assigning the mortgage to the purchaser at such sale, and a sale by him has also the effect of assigning the mortgage. Salvage v. Haydock,. 44 Atl. 696, 68 N. H. 684; Smithson Land Co. v. Brautigan, 41 Pac. 434, 16 Wash. 114; Anderson v. Minnesota Loan & Trust Co., 68 Minn. 491; 71 N. W. Rep. 665; Stillman v. Rosenberg, 18 N. W. Rep. 913; Sawyer v. Baker, 11 Ala.…
1Opinion of the CourtYoung, C. J.
This is an action to foreclose a mortgage upon 160' acres of land situated in Ramsey county. The mortgage was executed and delivered by Andrew Osthus to the Bank of Minot on January 25, 1888, and was given to secure his promissory note for $991',. of even date therewith, payable to said bank, which said note, by its terms, became due on January 25, 1893. The plaintiff rests his-, claim of ownership of the note upon a purchase of all the assets-, of the Bank of Minot from the receiver- The complaint, in addition to the usual averments of a foreclosure complaint, avers that “the defendants,…
2Cases cited12 opinions
- Rogers v. BentonSupreme Court of Minnesota · 1888
- Johnson v. SandhoffSupreme Court of Minnesota · 1883
- Jackson ex dem. Barclay v. BlodgetNew York Supreme Court · 1825
- Morgan v. New-York & Albany Rail RoadNew York Court of Chancery · 1843
- Hoffman v. HarringtonMichigan Supreme Court · 1876
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Nash v. Northwest Land Co.North Dakota Supreme Court · 1906
- Emerson-Brantingham Implement Co. v. AinslieSouth Dakota Supreme Court · 1917
- Clark v. HendersonNorth Dakota Supreme Court · 1931
- City of Williston v. LudoweseNorth Dakota Supreme Court · 1926
- Mercantile State Bank v. Farmers Home Bank of LilySupreme Court of Minnesota · 1924
6 more not listed; retrieve them via the Exa API.