Strehlow v. Fee
North Dakota Supreme Court
Appeal from the District Court of Eolette County, O. W. Buiiz, J. Action to cancel the release of certain mortgages and to foreclose tbe same. Judgment for plaintiff. Defendants appeal.
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Appeal from the District Court of Eolette County, O. W. Buiiz, J. Action to cancel the release of certain mortgages and to foreclose tbe same. Judgment for plaintiff. Defendants appeal. The original complaint having stated no cause of action, and the demurrer thereto having been sustained, the matters therein set forth were, by the adjudication and ruling thereon, res judicata, and a complaint filed afterward in lieu of the former, setting forth no new cause of action, but containing a mere repetition of the substance and facts of the former complaint, should be stricken out on motion. 31…
1Opinion of the Court
Bruce, Ch. J.
This in an action for the reinstatement and foreclosure of two certain prior mortgages which plaintiff claims to have paid or purchased in order to protect his title, but to have released through mistake and in ignorance of the existence of three judgment liens.
The first point raised by the defendants and appellants is that a demurrer was formerly sustained to the complaint, and that the amended complaint was practically a repetition thereof. They, therefore, urge that the matter was res judicata, and that their motion to strike the am'ended complaint from the files should have…
2Cases cited11 opinions
- Pearce v. BuellOregon Supreme Court · 1892
- Sim v. RosholtNorth Dakota Supreme Court · 1907
- White v. StevensonCalifornia Supreme Court · 1904
- Young v. ShanerSupreme Court of Iowa · 1887
- Post v. PearsonSupreme Court of the United States · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Peterson v. HopsonMassachusetts Supreme Judicial Court · 1940
- Home Owners' Loan Corp. v. BakerMassachusetts Supreme Judicial Court · 1937
- Borsheim v. O & J PROPERTIESNorth Dakota Supreme Court · 1992
- Madson v. BallouSouth Dakota Supreme Court · 1935
- N. E. Redlon Co. v. Franklin Square Corp.Supreme Court of New Hampshire · 1941
7 more not listed; retrieve them via the Exa API.