Olson v. Gowan-Lenning Brown Co.
North Dakota Supreme Court
Action in District Court, Eddy County, Cole, -1. Defendant bas appealed from an order overruling a demurrer. The law in force at the time a mortgage is executed, with all the conditions and limitations it imposes, is the law which determines the .force and effect of a mortgage. Yon Hoffman v. Quincy, 4 Wall. 535, 18 L. ed. 403; Bronson v. Kinzie, 1 How. 311, 11 L. ed. 143; Brine v. Hartford F. Ins.
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Action in District Court, Eddy County, Cole, -1. Defendant bas appealed from an order overruling a demurrer. The law in force at the time a mortgage is executed, with all the conditions and limitations it imposes, is the law which determines the .force and effect of a mortgage. Yon Hoffman v. Quincy, 4 Wall. 535, 18 L. ed. 403; Bronson v. Kinzie, 1 How. 311, 11 L. ed. 143; Brine v. Hartford F. Ins. Co. 96 H. S. 627, 24 L. ed. 858; Barnitz v. Beverly, 163 H. S. 118, 41 L. ed. 93, 16 Sup. Ct. Kep. 1042. Any modification of a contract by subsequent legislation, against the consent of one of the…
1Opinion of the CourtBronson, J.
Stalemenl. — The defendant has appealed from an order overruling a demurrer to the complaint. In November, 1914, the plaintiff gave to the defendant a mortgage upon farm lands in Eddy and Griggs counties. On July 8, 1917, plaintiff entered the service of the Bnited States and served thereafter as a private soldier until May 22, 1919, when he was honorably discharged. On December 1st, 1917, pursuant to proceedings had to foreclose the mortgage by advertisement, the lands were sold and a sheriff’s certificate issued to the defendant. On December 6, 1918, a sheriff’s deed was issued. In October,…
2Cases cited4 opinions
- Breitenbach v. BushSupreme Court of Pennsylvania · 1863
- State ex rel. Forest Lake State Bank v. HermanNorth Dakota Supreme Court · 1917
- Thress v. ZempleNorth Dakota Supreme Court · 1919
- Strand v. LarsonNorth Dakota Supreme Court · 1920
3Cited by2 opinions
- Poston v. EbertMichigan Supreme Court · 1922
- Petters v. Charlson EstateNorth Dakota Supreme Court · 1939