Yerkes v. Hadley
Supreme Court Of The Territory Of Dakota
Appeal from the district court of Cass county; Hon. W. B. McConnell, Judge. The foreclosure of the mortgage, and the sheriffs deed thereunder, vested in appellant the “same estate that was vested in the mortgagors at the time of the execution of the mortgage, or at any time thereafter, ” and such deed is a complete bar against each of the defendants.
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Appeal from the district court of Cass county; Hon. W. B. McConnell, Judge. The foreclosure of the mortgage, and the sheriffs deed thereunder, vested in appellant the “same estate that was vested in the mortgagors at the time of the execution of the mortgage, or at any time thereafter, ” and such deed is a complete bar against each of the defendants. C. C. Pro. §§ 614-623. The defendant Kate Irene Hadley, although a married woman, is competent to enter into “any engagement or transaction with any other person, respecting property, which she might, if unmarried, ” and is bound by all her…
1Opinion of the CourtCarl and, J.
The record in this action discloses that on and prior to December 8, 1881, Lafayette Hadley and Kate Irene Hadley, his wife, were, in possession of and lived upon lot 17, *329in block 4, in the city of Fargo, in this territory; that on said •date they executed to Harman Yerkes their joint and several •promissory note for $500, with interest at 10 per cent, per an-num, payable annually, which note was to be payable in 5 years from the date thereof. The interest to become due was evidenced by joint and several interest coupon notes, attached to said original note, and signed by the makers thereof.…
2Cases cited3 opinions
- Van Renesselaer v. KearneySupreme Court of the United States · 1851
- Clark v. BakerCalifornia Supreme Court · 1860
- Jackson v. . LittellNew York Court of Appeals · 1874
3Cited by13 opinions
- Adam v. McClintockNorth Dakota Supreme Court · 1911
- Aure v. MacKoffNorth Dakota Supreme Court · 1958
- Merchants National Bank of Fargo v. MillerNorth Dakota Supreme Court · 1930
- Grasswick v. MillerMontana Supreme Court · 1928
- Avon State Bank v. Commercial & Savings BankSouth Dakota Supreme Court · 1926
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