First Methodist Episcopal Church v. Fadden
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Fisk, J. Action by the First Methodist Episcopal Church of Grand Forks against John O. Fadden. E. H. Rollins & Son intervened. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtBartholomew, C. J.
This action originated in Justice Court, was appealed to the District Court, and a trial there resulted in a directed verdict for plaintiff. A motion for a new trial was denied, and defendant appeals from the order. The defendant, as sheriff of Grand Forks county, acting through a deputy, sold the church property belonging to the plaintiff, under a statutory foreclosure of a mortgage upon such property executed by plaintiff’s grantor. The property sold for the full amount claimed in the notice of sale, being the amount due upon the note secured by the mortgage and an attorney’s fee of $100,…
2Cases cited4 opinions
- Stanford v. McGillNorth Dakota Supreme Court · 1897
- New England Mortgage Security Co. v. Great Western Elevator Co.North Dakota Supreme Court · 1897
- Johnson v. DayNorth Dakota Supreme Court · 1891
- Conrad v. SmithNorth Dakota Supreme Court · 1897
3Cited by4 opinions
- St. Louis Southwestern Railway Co. v. MulkeySupreme Court of Arkansas · 1911
- United Securities Corporation v. BrutonDistrict of Columbia Court of Appeals · 1965
- State v. UnterseherNorth Dakota Supreme Court · 1977
- United States Smelting Refining & Mining Co. v. LoweDistrict Court, D. Alaska · 1947