Legal Opinion

McDonald v. Finseth

North Dakota Supreme Court

Decided December 14, 1915PublishedCited by 26 opinions

Appeal from the District Court of Burleigb County, Nuessle, J. Action to foreclose a mortgage and for a deficiency decree. Judgment for plaintiff. Defendant appeals. Statement of facts by Bruce, J. This is an action for tbe foreclosure of a mortgage and for a deficiency decree, and comes before us for a trial de novo after judgment being rendered in the trial court in favor of the plaintiff.

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Appeal from the District Court of Burleigb County, Nuessle, J. Action to foreclose a mortgage and for a deficiency decree. Judgment for plaintiff. Defendant appeals. Statement of facts by Bruce, J. This is an action for tbe foreclosure of a mortgage and for a deficiency decree, and comes before us for a trial de novo after judgment being rendered in the trial court in favor of the plaintiff. The question at issue is whether the defendant M. B. Finseth assumed the mortgage, and, even if he did, whether the present plaintiff, Walter A. McDonald, can hold him personally liable for the deficiency…

1Opinion of the Court

Bruce, J.,

(after stating the facts as above). There is a decided conflict in the authorities upon the question which is before us, and some courts hold to the rule that the grantee of mortgaged premises who purchases subject to a mortgage which he assumes and agrees to pay will not be liable for a deficiency arising on a foreclosure and sale, unless his grantor is also liable, legally and equitably, for the payment of the mortgage, and that if there is a break anywhere in the chain of liability, all of the subsequent purchasers are without obligation in so far ás the mortgagee is concerned,…

2Cases cited43 opinions

  1. Vrooman v. . TurnerNew York Court of Appeals · 1877
  2. Dean v. WalkerIllinois Supreme Court · 1882
  3. Willard v. WoodSupreme Court of the United States · 1890
  4. Biddel v. BrizzolaraCalifornia Supreme Court · 1883
  5. Freeman v. . AuldNew York Court of Appeals · 1870

38 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Erickson v. WiperNorth Dakota Supreme Court · 1916
  2. Alabama-Florida Co. v. MaysSupreme Court of Florida · 1933
  3. Title Guaranty & Trust Co. v. BushnellTennessee Supreme Court · 1920
  4. Jones v. AdamsIdaho Supreme Court · 1947
  5. Corkrell v. PoeWashington Supreme Court · 1918

21 more not listed; retrieve them via the Exa API.

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