McDonald v. Nordyke Marmon Co.
North Dakota Supreme Court
Appeal from District Court, Towner County; Morgan, J. Action by A. B. McDonald against the Nordyke Marmon Company and others. Judgment for defendants, and plaintiff appeals. , The mortgage pleaded cannot be foreclosed by advertisement. § § 4699, 5844, Rev. Codes. The complaint is sufficient. It alleges that plaintiff made to defendant-a mortgage. The power of sale is no part of the mortgage.
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Appeal from District Court, Towner County; Morgan, J. Action by A. B. McDonald against the Nordyke Marmon Company and others. Judgment for defendants, and plaintiff appeals. , The mortgage pleaded cannot be foreclosed by advertisement. § § 4699, 5844, Rev. Codes. The complaint is sufficient. It alleges that plaintiff made to defendant-a mortgage. The power of sale is no part of the mortgage. Plaintiff need only state so much'of the contract sued upon as makes prima facie a right of action, and if any other part furnishes the means of defeating the action, it is a means of defense. Bliss on…
1Opinion of the CourtWaixin, J.
This action was brought to annul a sheriff’s certificate of sale, and to enjoin the delivery of a sheriff’s deed pursuant to such sale. Said certificate was delivered to the defendant corporation by the defendant Currie, as sheriff, who sold the real estate described in the certificate at a mortgage foreclosure sale made by advertisement. The mortgage was given by the plaintiff to said corporation, and plaintiff alleges that said foreclosure sale so operates as to cast a cloud upon plaintiff’s title to the premises, and that said title will be still further clouded if the delivery of such…
2Cases cited1 opinion
- Finlayson v. PetersonNorth Dakota Supreme Court · 1896
3Cited by7 opinions
- Bailey v. HendricksonNorth Dakota Supreme Court · 1913
- Grandin v. EmmonsNorth Dakota Supreme Court · 1901
- Cotton v. HortonNorth Dakota Supreme Court · 1911
- Hay v. HudsonWyoming Supreme Court · 1924
- Denault v. HoerrNorth Dakota Supreme Court · 1935
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