State v. Olsness

This case involves the State Hail Insurance Law, §§ 189b1-189b30, Supplement to the 1913 Compiled Laws. The appeal is from an order of the district court of Burleigh county sustaining the defendant’s demurrer to a petition for a writ of mandamus.

The petition for the writ recites that Margel owned a quarter section of land in Stark county. He mortgaged this to the Bank of North Dakota. The mortgage was assigned to the state treasurer as trustee for the state of North Dakota. Margel defaulted in his payments and the mortgage was foreclosed by advertisement and sold at foreclosure sale to the…