Sherwin v. American Loan & Investment Co.
North Dakota Supreme Court
Action to determine a deed and a contract for a deed to be a mortgage. From a judgment of tbe District Court of Barnes County, Cole, J., for the plaintiff, the defendants appeal. In such cases the courts have, with great uniformity, required the proof that should destroy the recitals of a solemn instrument to be clear, satisfactory, and specific.
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Action to determine a deed and a contract for a deed to be a mortgage. From a judgment of tbe District Court of Barnes County, Cole, J., for the plaintiff, the defendants appeal. In such cases the courts have, with great uniformity, required the proof that should destroy the recitals of a solemn instrument to be clear, satisfactory, and specific. Jasper v. Ilazen, 4 N. D. 1, 23 L.K.A. 58, 5S N. W. 454. See also Larson v. Dutiel (S. D.) 85 N, W. 1008 and cases there cited; McGuiny v. Lee, 10 N. D. 160, 86 N. W. 714. Before the grantors can compel a reconveyance they must pay or fender to the…
1Opinion of the CourtBronson, J.
This is an action to have a deed, absolute on its face together with the accompanying instruments, deemed and declared to be a mortgage. The defendants have appealed from the judgment of the district court of Barnes county adjudging the deed to be a mortgage, and providing for the foreclosure thereof and an accounting, and demand a trial de novo.
The substantial facts are as follows:
The plaintiff is a farmer. For over twenty years, in Barnes county, he owned and farmed a section of land which is the subject-matter of this action. The defendant investment company is a domestic corporation and…
2Cases cited7 opinions
- Jasper v. HazenNorth Dakota Supreme Court · 1894
- De Leonis v. WalshCalifornia Supreme Court · 1903
- McGuin v. LeeNorth Dakota Supreme Court · 1901
- Clark v. LandonMichigan Supreme Court · 1892
- Smith v. JensenNorth Dakota Supreme Court · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Brink v. CurlessNorth Dakota Supreme Court · 1973
- Robar v. EllingsonNorth Dakota Supreme Court · 1981
- Mechtle v. ToppNorth Dakota Supreme Court · 1952
- Altenbrun v. First National BankNorth Dakota Supreme Court · 1921
- D. T. Carroll Corp. v. CarrollCourt of Appeals of Texas · 1953
4 more not listed; retrieve them via the Exa API.