Norris v. German-American State Bank
North Dakota Supreme Court
Appeal from an order of the District Court of Ward County, Honorable K. E. Leighton, Judge. The right to redeem is statutory. Civ. Code 1877, § 1714; Rev. Codes 1899, § 4691, Rev. Codes 1905, §§ 6141, 6143, Comp. Laws 1913, §§ 6717-6719. The sale of personal property under chattel mortgage foreclosure, as to everyone however interested in the property, whether an owner or junior encumbrancer, is an actual transfer of title. Rogers v. Eagle E. Ins.
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Appeal from an order of the District Court of Ward County, Honorable K. E. Leighton, Judge. The right to redeem is statutory. Civ. Code 1877, § 1714; Rev. Codes 1899, § 4691, Rev. Codes 1905, §§ 6141, 6143, Comp. Laws 1913, §§ 6717-6719. The sale of personal property under chattel mortgage foreclosure, as to everyone however interested in the property, whether an owner or junior encumbrancer, is an actual transfer of title. Rogers v. Eagle E. Ins. Co. 9 Wend. 611; Wiltsie, Mortg. Foreclosure, § 951. “A foreclosure by advertisement has the same binding force as foreclosures by action in which…
1Opinion of the CourtGrace, J.
This action is one maintained by the plaintiff for the purposes of securing a permanent injunction against the defendants restraining them from molesting, disturbing, or trespassing upon the property of the plaintiffs described in the complaint, and for other relief. The property in question consists of a grain elevator and equipment, and flour and coal sheds.
*279Plaintiffs’ complaint alleges ownership and possession of such property. Defendants interpose a general denial to the allegations of the •complaint, and also set forth other allegations in the answer, which allege the possession of such…
2Cited by2 opinions
- Morris v. TwichellNorth Dakota Supreme Court · 1933
- Kusma v. Citizens State BankNorth Dakota Supreme Court · 1932