Brown v. Comonow
North Dakota Supreme Court
Appeal from District Court, Ramsey county; Cowan, J. Action by William H. Brown against Sarah Comonow and others. Judgment for defendants, and plaintiff appeals. Deed of trust given as mere security is a mortgage. 110)4 v. Fass, 25 N. W. 45; Austin v. Sprague Mfg. Co., 14 R. I. 464; Shaw v. Norfolk Co. I. Co., 5 Gray, 162; DeWolf v. Sprague Mfg.
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Appeal from District Court, Ramsey county; Cowan, J. Action by William H. Brown against Sarah Comonow and others. Judgment for defendants, and plaintiff appeals. Deed of trust given as mere security is a mortgage. 110)4 v. Fass, 25 N. W. 45; Austin v. Sprague Mfg. Co., 14 R. I. 464; Shaw v. Norfolk Co. I. Co., 5 Gray, 162; DeWolf v. Sprague Mfg. Co., 49 Conn. 283; Turner v. Watkins, 31 Ark. 429; Martin v. Alter, 42 Ohio Stat. 94. Such deed is within the scope of the statute as regards power of sale. Tiffany on Real Property, section 555; Cross v. Fombey, 54 Ark. 179; Wolf v. Dow, 13 Smedes &…
1Opinion of the CourtFisk, J.
This action was brought to determine adverse claims to certain real property in Ramsey county, the plaintiff alleging ownership in fee of the property in controversy. The complaint is in the statutory form ,and the' answer consists of a general denial, and also alleges title in fee in the defendants, and prays that title be quieted in them.
The facts are undisputed, and are as follows: On November 10, 1886, one Lewis Comonow was the owner in fee of the property in controversy, and on said date he and his wife Sarah, one of the defendants, executed and delivered an instrument in form a trust…
2Cases cited16 opinions
- Savings & Loan Society v. BurnettCalifornia Supreme Court · 1895
- Grant v. BurrCalifornia Supreme Court · 1880
- Sacramento Bank v. AlcornCalifornia Supreme Court · 1898
- Galbraith v. PayneNorth Dakota Supreme Court · 1903
- Bateman v. BurrCalifornia Supreme Court · 1881
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Shuck Ex Rel. Shuck v. ShuckNorth Dakota Supreme Court · 1950
- Robertson v. BrownNorth Dakota Supreme Court · 1947
- Nord v. NordNorth Dakota Supreme Court · 1938
- Hebden v. BinaNorth Dakota Supreme Court · 1908
- State v. RosenquistNorth Dakota Supreme Court · 1952
5 more not listed; retrieve them via the Exa API.