Fox v. Nelson
North Dakota Supreme Court
Appeal from the District Court of Benville County, Leighton, J. Action of subsequent lien holder to redeem from the redemption of a lien holder. Judgment for defendant. Plaintiff appeals.
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Appeal from the District Court of Benville County, Leighton, J. Action of subsequent lien holder to redeem from the redemption of a lien holder. Judgment for defendant. Plaintiff appeals. Statement of facts by Bruce, J. This is an action to redeem real estate from a mortgage sale which was made on the 29th day of July, 1911, and from the defendant, as a redemptioner, who redeemed from such sale on or about the 10th day of June, 1912. It appears that the title to the land was originally in E. W. Mattern, and that on the 8th day of November, 1906, Mattern and his wife mortgaged the land in…
1Opinion of the CourtBruce, J.
(after stating the facts as above). The questions' to be determined in this case are: (1) Whether the quitclaim deed from E. W. Mattern and-wife-was in fact a mortgage; (2) if so, whether one who accepts a quitclaim deed can, for the purpose of redemption, claim it to be a mortgage; (3) whether the defendant had slept on his rights and was precluded from redeeming; (4) whether the failure of the defendant to file a notice of redemption, as provided in § 7142, Rev. Codes 1905, § 7756, Compiled Laws of 1913, extended the time in which' the plaintiff, or a second redemptioner, was entitled to…
2Cases cited6 opinions
- North Dakota Horse & Cattle Co. v. SerumgardNorth Dakota Supreme Court · 1908
- Paine v. DoddsNorth Dakota Supreme Court · 1905
- Spackman v. GrossSouth Dakota Supreme Court · 1910
- Styles v. DickeyNorth Dakota Supreme Court · 1912
- Colonial & United States Mortgage Co. v. FlemingtonNorth Dakota Supreme Court · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Lang v. Bank of SteeleNorth Dakota Supreme Court · 1987
- Bank of Steele v. LangNorth Dakota Supreme Court · 1987
- McGee v. MarshallNorth Dakota Supreme Court · 1926
- Bank Center First v. R.C. Transport, LLCNorth Dakota Supreme Court · 2006
- Harth v. St. Paul Cattle Loan Co.North Dakota Supreme Court · 1922
2 more not listed; retrieve them via the Exa API.