Legal Opinion · Dissent

Wade v. Major

North Dakota Supreme Court

Decided March 31, 1917Published

Appeal from the District Court of Slope County, Hon. W. C. Grawford, Judge. The time to redeem from foreclosure and sale should not be extended for the parties to ascertain whether it will be for their interest to redeem ; nor is it a legal cause for extending the time that the mortgagors did not come into knowledge of their rights until too late.

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Appeal from the District Court of Slope County, Hon. W. C. Grawford, Judge. The time to redeem from foreclosure and sale should not be extended for the parties to ascertain whether it will be for their interest to redeem ; nor is it a legal cause for extending the time that the mortgagors did not come into knowledge of their rights until too late. Eastman v. Thayer, 60 N. H. 408; Cilley v. Huse, 40 N. II. 358. The time prescribed in which to exercise the right of redemption acts us a limitation upon the mortgagors, and after that time has expired, the purchaser is entitled to a deed and the…

1DissentChristianson, J.

I am unable to concur in the conclusion reached by my associates in this case. The purported statement of facts in the majority opinion is, however, so inaccurate and incomplete that in order to present my views it becomes necessary to state the facts more fully.

It appears from the evidence that the defendant William L. Major was the owner of the land involved herein. Lee Wade (the plaintiff’s husband) owned a hotel property in Hillsdale, Michigan, covered by two mortgages; one for $2,500, and one for $3,500. In December, 1912, the defendant William L. Major and Lee Wade entered into a…

2Cases cited5 opinions

  1. Cameron v. AdamsMichigan Supreme Court · 1875
  2. Hedlin v. LeeNorth Dakota Supreme Court · 1911
  3. Prondzinski v. GarbuttNorth Dakota Supreme Court · 1898
  4. Murphy v. TeutschNorth Dakota Supreme Court · 1911
  5. Little v. WornerNorth Dakota Supreme Court · 1903

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