Whithed v. St. Anthony & Dakota Elevator Co.
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Fisk, J. Action by H. L. Whithed against the St. Anthony & Dakota Elevator Company and T. S. Edison. Judgment for defendants and plaintiff appeals.
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Appeal from District Court, Grand Forks County; Fisk, J. Action by H. L. Whithed against the St. Anthony & Dakota Elevator Company and T. S. Edison. Judgment for defendants and plaintiff appeals. The purchaser from the time of sale until redemption and a redemptioner from the time of his redemption until another redemption is entitled to receive from the tenant in possession the rents of the property sold, or the value of the use and occupation thereof. § 5549, Rev. Codes; Clement v. Shipley, 2 N. D. 430, 51 N. W. Rep. 414. One that holds or possesses land or tenement by any kind of title,…
1ConcurrenceBartholomew, C. J.
I fully concur in the opinion prepared by Justice Young. But deeming the question involved to be of great practical importance, and conceiving that much misapprehension prevails in the minds of the profession as well as the laity as to the exact condition of the law upon the question in this state, I wish, in concurring, to add a few thoughts to what my associate has said. A restatement of the facts is unnecessary. It is important, I think, to determine as nearly as may be the exact nature of the contract entered into between Ditton, the mortgagor, and the man Filson. If Filson was simply…
2Cases cited12 opinions
- Taylor v. . BradleyNew York Court of Appeals · 1868
- Dixon v. NiccollsIllinois Supreme Court · 1866
- Bank of Pennsylvania v. WiseSupreme Court of Pennsylvania · 1834
- Robinson v. ThorntonCalifornia Supreme Court · 1893
- Martin v. MartinCourt of Appeals of Maryland · 1855
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