Griffith v. Fox
North Dakota Supreme Court
Appeal from tbe District Court of Burke County, Leighion, J. The defendant was the bolder of a sheriff’s certificate of sale upon foreclosure. It is the settled law that tbe bolder of such a certificate is entitled to tbe rents during tbe year of redemption. Clement v. Shipley, 2 N. D. 432, 51 N. W. 414; Whithed v. St. Anthony & D. Elevator Co. 9 N. D. 224, 50 L.R.A. 254, 81 Am. St. Rep. 562, 83 N. W. 238; Comp.
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Appeal from tbe District Court of Burke County, Leighion, J. The defendant was the bolder of a sheriff’s certificate of sale upon foreclosure. It is the settled law that tbe bolder of such a certificate is entitled to tbe rents during tbe year of redemption. Clement v. Shipley, 2 N. D. 432, 51 N. W. 414; Whithed v. St. Anthony & D. Elevator Co. 9 N. D. 224, 50 L.R.A. 254, 81 Am. St. Rep. 562, 83 N. W. 238; Comp. Laws 1913, § 7762. “An assignment of a sheriff’s certificate of sale to a person having tbe right to redeem operates as a redemption from tbe execution sale.” Smith v. Michigan.State…
1Opinion of the Court
Burke, jL
The defendant, Pox, was the holder of a sheriff’s certificate upon mortgage foreclosure sale amounting to around $3,000. During the year of redemption he collected rents and profits, the sum of .$349.60, and expended for insurance the sum of $16. The plaintiff, ■Griffith, purchased the premises during the year of redemption and •opened the negotiations with Pox. The nature of these negotiations forms the basis of this lawsuit. At all events, about three days before the expiration of the period of redemption, Pox assigned his sheriff’s certificate to Griffith. Shortly thereafter…
2Cases cited2 opinions
- Banning v. SabinSupreme Court of Minnesota · 1892
- Smith v. Michigan State BankMichigan Supreme Court · 1894
3Cited by8 opinions
- Andersen v. ReslerNorth Dakota Supreme Court · 1929
- State Bank v. MaierNorth Dakota Supreme Court · 1916
- State v. SouthAllNorth Dakota Supreme Court · 1924
- Vorachek v. AndersonNorth Dakota Supreme Court · 1927
- Hartung v. ManningNorth Dakota Supreme Court · 1923
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