Morris v. Beecher
North Dakota Supreme Court
APPEAL from district court, Gass county; Hon. Wm. B. McConnell, Judge. argued; When a new. mortgage is substituted for an old one, in ignorance of an intervening lien, the old mortgage may be restored and given its original priority; citing, Jones on Mtgs. vol. 2, § 971; Bruce v. Nelson, 35 Iowa 157; Eump v. Gerkins, 59 Cal. 496; Geib v. Eeynolds, 28 N W. Eep. 923; Pomeroy’s Equity, vol. 2, § 849; Eergusson v. Glassford, 35 N. W. Eep. 820. Beecher and Dean contracted for a…
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APPEAL from district court, Gass county; Hon. Wm. B. McConnell, Judge. argued; When a new. mortgage is substituted for an old one, in ignorance of an intervening lien, the old mortgage may be restored and given its original priority; citing, Jones on Mtgs. vol. 2, § 971; Bruce v. Nelson, 35 Iowa 157; Eump v. Gerkins, 59 Cal. 496; Geib v. Eeynolds, 28 N W. Eep. 923; Pomeroy’s Equity, vol. 2, § 849; Eergusson v. Glassford, 35 N. W. Eep. 820. Beecher and Dean contracted for a lien inferior to that of plaintiff, and therefore have no equity superior to plaintiff’s rights. Barnes took his…
1Opinion of the CourtCorliss, C. J.
This controversy presents conflicting claims of the plaintiff, and of the defendant Elizabeth McKnight to certain real estate. Each asserts title under foreclosure of a different mortgage upon the same land. The effort of each, therefore, is to sustain the priority of the mortgage under which he or she claims title. The plaintiff in 1881 was the owner of the property in question. On the 27th of June of that year he conveyed the same to Beecher & Dean, taking back a purchase-money mortgage for 14,500 upon the land, which,, however, was never recorded, having been subsequently lost. Beecher &…
2Cases cited10 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Simpson v. . Del HoyoNew York Court of Appeals · 1883
- Van Keuren v. . CorkinsNew York Court of Appeals · 1876
- Bacon v. . Van SchoonhovenNew York Court of Appeals · 1882
- Lewis v. KirkSupreme Court of Kansas · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Madson v. BallouSouth Dakota Supreme Court · 1935