Knox v. Barker
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Fisk, J. Action by Barbara Knox against John R. Barker. Judgment for plaintiff. Defendant appeals.
1Opinion of the CourtBartholomew, C. J.
Action to foreclose a mortgage on real property. Plaintiff claims to be the owner of the mortgage by virtue of the terms of her father’s will. Defendant denies plaintiff’s ownership. There was a decree for plaintiff, and defendant appeals.
The interest of a mortgagee of real estate situated in this state is personal property. Rev. Codes, § § 4699, 4700. The original mortgagee, through whom plaintiff claims, was a resident of Pennsylvania. He died in that state, and his will was duly admitted to probate therein.; and, so far as it relates to his interests as mortgagee in real estate in this…
2Cases cited1 opinion
- Crandell v. BarkerNorth Dakota Supreme Court · 1898
3Cited by1 opinion
- First Nat. Bank of Paris v. WallaceCourt of Appeals of Texas · 1928