Campbell v. Coulston
North Dakota Supreme Court
Appeal from District Court,'Burleigh county; Winchester, J. Action by Hugh 'Campbell, Jr., against J. Warren Coulston to woreclose a mortgage. From an order vacating a judgment of foreclosure on motion of Joseph Bull, plaintiff appeals. Judgment can be vacated on motion only in the court where rendered. 17 Am. and Eng.
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Appeal from District Court,'Burleigh county; Winchester, J. Action by Hugh 'Campbell, Jr., against J. Warren Coulston to woreclose a mortgage. From an order vacating a judgment of foreclosure on motion of Joseph Bull, plaintiff appeals. Judgment can be vacated on motion only in the court where rendered. 17 Am. and Eng. Enc. of Law, (2nd Ed.) 842; Garlock v. Calkins, 14 S. D. 90, 84 N. W. 393; Elder v. Mining Co., 58 Fed. 5'3G; Buffham v. Perkins, 44 N. W. 1150; Coon v. Seymour, 37 N. W. 243; 1 Black on judgments, p. 297. Cases without action therein, two years after final judgment therein,…
1Opinion of the CourtFisk, J.
That in an appeal from an order of the district court of Burleigh county dated September 28, 1907, vacating a judgment entered on July 8, 1885, by the territorial district court in said county.
*647The facts necessary to an understanding of the questions involved are as follows:
The judgment thus vacated was rendered in an action claimed to have been commenced by appellant against one Coulston for the foreclosure of a mortgage executed by one Patterson and wife covering 3,04.0 acres of real property in Burleigh county to secure a note of $5,000; such land having been conveyed subsequent to such…
2Cases cited14 opinions
- McAllister v. United StatesSupreme Court of the United States · 1891
- Benner v. PorterSupreme Court of the United States · 1850
- Henry J. Heryey & Co. v. EdmundsSupreme Court of North Carolina · 1873
- Merchants National Bank v. BraithwaiteNorth Dakota Supreme Court · 1898
- Hunt v. PalaoSupreme Court of the United States · 1846
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3Cited by3 opinions
- Warren v. ResaakeNorth Dakota Supreme Court · 1926
- Peterson v. First & Security State Bank of CrosbyNorth Dakota Supreme Court · 1931
- Campbell v. CoulstonNorth Dakota Supreme Court · 1910