Morris v. McKnight
North Dakota Supreme Court
PPEAL from district court, Cass county; Hon. William B. McConnell. Judge. Action in equity to cancel of record and declare illegal and void a certain proceeding by advertisement for the foreclosure of a mortgage on real estate as constituting a cloud upon plaintiffs’ title.
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PPEAL from district court, Cass county; Hon. William B. McConnell. Judge. Action in equity to cancel of record and declare illegal and void a certain proceeding by advertisement for the foreclosure of a mortgage on real estate as constituting a cloud upon plaintiffs’ title. Decree for plaintiff granting the relief prayed, and defendants appeal. on the points ruled by the court, cited: Civil Code, §§ 2011 and 2012; Cox v. Clift, 2 N. Y. 118; Look v. Kenney, 128 Mass. 284; Hayes v. Frey, 11 N. W. Bep. 695; Holcombe v. Richards, 35 id. 714; Miller v. Clark, 23 id. 35; Lee v. Clary, 38 Mich. 223;…
1Opinion of the CourtBartholomew, J.
There is, in this case, no controversy as to the facts, both parties accepting the findings of the court. These are, in substance, that plaintiff is the owner of the land in controversy subject to a certain mortgage dated September 14, *2681882, executed by the defendant, Eugene Y. McKnight, the then owner of the land, to “Beecher & Dean,” and subject to the rights of the defendant Elizabeth McKnight, as the assignee of said mortgage, or by virtue of the foreclosure thereof; that the mortgage given by said Eugene Y. McKnight to “Beecher & Dean” contained the usual power of sale; that the same…
2Cases cited9 opinions
- Hayes v. FreyWisconsin Supreme Court · 1882
- Lee v. ClaryMichigan Supreme Court · 1878
- Morrison v. MendenhallSupreme Court of Minnesota · 1872
- Miller v. ClarkMichigan Supreme Court · 1885
- Sherry v. GilmoreWisconsin Supreme Court · 1883
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Backus v. BurkeSupreme Court of Minnesota · 1892
- Hebden v. BinaNorth Dakota Supreme Court · 1908
- Ness v. JonesNorth Dakota Supreme Court · 1901
- Stockwell v. BarnumCalifornia Court of Appeal · 1908
- Brown v. ComonowNorth Dakota Supreme Court · 1908
1 more not listed; retrieve them via the Exa API.