Prescott v. Brooks
North Dakota Supreme Court
Appeal from District Court, Pembina County; Fisk, J. Action by Silas W. Prescott against George Brooks. Judgment for plaintiff, and defendant appeals.
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Appeal from District Court, Pembina County; Fisk, J. Action by Silas W. Prescott against George Brooks. Judgment for plaintiff, and defendant appeals. When a mortgage is executed as security for money due or to become due on a promissory note, bond or other instrument designated in the mortgage ,the record of the assignment of the mortgage is not, of itself, notice to a mortgagor, his heirs or personal representatives, so as to invalidate any payment made by them or either of them to the person holding, such note, bond or other instrument. § 4717 Rev. Codes. The implication from the statute…
1Opinion of the CourtYoung, J.
Plaintiff instituted this action for the purpose of determining the amount due on his two promissory notes, secured by mortgages in favor of one S. W. McLaughlin, upon a tract of land situated in Pembina county. The mortgage first executed secured a principal note for $500, with interest coupons thereto attached. This mortgage was executed on December 2, 1887. The other mortgage was given on December 9, 1889, and secured the payment of a principal note of $880, with interest coupons attached thereto, and covered the same land. Both notes were non-negotiable. The last, or $880, note was given…
2Cases cited16 opinions
- Yeaton and Others, of the Schooner General Pinkney and Cargo v. The United StatesSupreme Court of the United States · 1809
- Tyler v. SheaNorth Dakota Supreme Court · 1894
- Bank of North America v. WheelerSupreme Court of Connecticut · 1859
- Irvine v. the HesperSupreme Court of the United States · 1887
- Christianson v. Farmers' Warehouse Ass'nNorth Dakota Supreme Court · 1896
11 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Hoellinger v. HoellingerNorth Dakota Supreme Court · 1918
- First National Bank v. BremsethNorth Dakota Supreme Court · 1931
- Montana-Dakota Utilities Co. v. AmannNorth Dakota Supreme Court · 1957
- Cottier v. SullivanWyoming Supreme Court · 1934
- Dietz v. DietzNorth Dakota Supreme Court · 1954
16 more not listed; retrieve them via the Exa API.