Legal Opinion

McDonald v. Nordyke Marmon Co.

North Dakota Supreme Court

Decided May 17, 1900PublishedCited by 7 opinions

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

  1. Finlayson v. PetersonNorth Dakota Supreme Court · 1896

3Cited by7 opinions

  1. Bailey v. HendricksonNorth Dakota Supreme Court · 1913
  2. Grandin v. EmmonsNorth Dakota Supreme Court · 1901
  3. Cotton v. HortonNorth Dakota Supreme Court · 1911
  4. Hay v. HudsonWyoming Supreme Court · 1924
  5. Denault v. HoerrNorth Dakota Supreme Court · 1935

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