Security State Bank v. Rettinger
North Dakota Supreme Court
Appeal from the District Court of Stark County, Crawford, J. The evidence upon which to base a judgment for the setting aside and annulment of a mortgage must be clear, satisfying, and convincing. Anderson v. Anderson, 17 N. D. 275, 115 N. W. 836. The presumption is that the deed is valid and binding, and this will not be overcome by barely preponderating circumstances.
Read the full summary
Appeal from the District Court of Stark County, Crawford, J. The evidence upon which to base a judgment for the setting aside and annulment of a mortgage must be clear, satisfying, and convincing. Anderson v. Anderson, 17 N. D. 275, 115 N. W. 836. The presumption is that the deed is valid and binding, and this will not be overcome by barely preponderating circumstances. Jasper v. Hazen, 4 N. D. 1, 23 L.E.A. 58, 58 N. W. 454. The proof, to warrant the setting aside of a mortgage, must be so ■clear and of such positive character as to leave in the mind of the chancellor no hesitation or…
1Opinion of the CourtBurke, J.
This is an action to foreclose a mortgage upon a quarter section of land in Stark county, securing a $4,600 note signed by the Rettingers, husband and wife. The wife answered, alleging that she' was the owner of said land; that'on the 9th day of August, 1912, one Otto Thress, acting as agent for the plaintiff, procured and caused her to execute and deliver said mortgage, by means of threats that, if she did not so do, plaintiff would cause the arrest of her husband for obtaining money or property under false pretenses, which said threats were false and groundless. Trial was had in the court…
2Cases cited12 opinions
- Jasper v. HazenNorth Dakota Supreme Court · 1894
- McGuin v. LeeNorth Dakota Supreme Court · 1901
- Sulzner v. Cappeau-Lemley & Miller Co.Supreme Court of Pennsylvania · 1912
- Wolff v. BluhmWisconsin Supreme Court · 1897
- Hilborn v. BucknamSupreme Judicial Court of Maine · 1886
7 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Weist v. Farmers State BankNorth Dakota Supreme Court · 1915