Greenberg v. Union Nat'l Bank
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Templeton, J. Action by Anna Greenberg against the Union National Bank of Grand Forks. Verdict for plaintiff. From an order denying a new trial, defendant appeals. The object of the statute is not only to protect the credit of the mortgagor but to protect the title to the land and enable the owner to remove all clouds from the title.
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Appeal from District Court, Grand Forks County; Templeton, J. Action by Anna Greenberg against the Union National Bank of Grand Forks. Verdict for plaintiff. From an order denying a new trial, defendant appeals. The object of the statute is not only to protect the credit of the mortgagor but to protect the title to the land and enable the owner to remove all clouds from the title. Jones v. Fidelity Co., 63 N. W. Rep. 554; Deeter v. Crosley, 26 la. 180; Thomas v. Reynolds, 29 Kan. 309. In this case there were two mortgagors, hence, any claim for penalty is a joint claim in favor of the…
1Opinion of the CourtBartholomew, J.
Plaintiff sued defendant in Justice Court, and for a cause of action stated that, in 1892, plaintiff and her husband executed to the defendant a mortgage on certain described real estate to secure a certain note; that such mortgage was duly recorded in the proper county; that the said note had been fully paid; that plaintiff had demanded of defendant a certificate of the discharge of said mortgage, and offered to pay the expense of executing and acknowledging the same. Plaintiff further alleged “that the defendant has neglected and refused, *485after the demand of the plaintiff, to satisfy said…
Also in this document: Concurrence.
2Cases cited11 opinions
- Teetshorn v. HullWisconsin Supreme Court · 1872
- Hayes v. City of West Bay CityMichigan Supreme Court · 1892
- Jones v. Van ZandtSupreme Court of the United States · 1847
- Howser v. MelcherMichigan Supreme Court · 1879
- Clark v. Village of North MuskegonMichigan Supreme Court · 1891
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Erickson v. Citizen's National BankNorth Dakota Supreme Court · 1899
- Sheets v. ProsserNorth Dakota Supreme Court · 1907
- Sheets v. ProsserNorth Dakota Supreme Court · 1907
- Peckham v. Van BergenNorth Dakota Supreme Court · 1900