Strehlow v. McLeod
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Action by Wiliam Strehlow against Donald McLeod. Judgment for defendant, and plaintiff appeals. In the foreclosure of a mortgage on property in defendant’s possession, mortgagor cannot gainsay his act in giving the mortgage.
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Appeal from District Court, Cass County; Pollock, J. Action by Wiliam Strehlow against Donald McLeod. Judgment for defendant, and plaintiff appeals. In the foreclosure of a mortgage on property in defendant’s possession, mortgagor cannot gainsay his act in giving the mortgage. Redman v. Bellamy, 4 Cal. 247; Land Association v. Viera, 48; Cal. 572'; Tartar v. Hall, 3 Cal. 263; Carson v. Cochran, 53 N. W. 1130; Barber v. Harris, 15 Wend. 615; Strong v. Waddell, 56 Ala. 471; Wyckoff v. Gardner, 20 N. J. L. 556; Cobbey on Chattel ’Mortgages, section 785; Harvey v. Harvey, 13 R. I. 598; Adams v„…
1Opinion of the CourtFisk, J.
The record in this case presents an anomalous condition.' The action was brought in the district court of Cass county for the foreclosure of a chattel mortgage, executed and delivered by the defendant to the plaintiff, upon an undivided one-half interest in certain barley raised during the year 1905, on land described in the complaint. There is no dispute as to the giving of the mortgage, or as to the existence of the indebtedness secured thereby. The' complaint is in the usual form, and the answer, after admitting the execution of the notes and chattel mortgage, alleges in effect that the…
2Cases cited3 opinions
- Reed v. Chubb Brothers, Barrows & Co.Supreme Court of Iowa · 1859
- Youngerman v. LongSupreme Court of Iowa · 1895
- Strehlow v. McLeodNorth Dakota Supreme Court · 1908
3Cited by5 opinions
- Wiggin v. StateWyoming Supreme Court · 1922
- McInerney & Conway Finance Corp. v. SmithWyoming Supreme Court · 1931
- Wellens v. BeckNorth Dakota Supreme Court · 1957
- State Bank v. NelsonNorth Dakota Supreme Court · 1922
- Theo H. Davies & Co. v. Pacific Development Co.High Court of American Samoa · 1987