Vickery v. Burton
North Dakota Supreme Court
Appeal from District Court, Burleigh County; Winchester, J. Action by Daniel W. Vickery against Melkert H. Burton and another. From a judgment for plaintiff, defendant’s appeal. This action was to recover the amounts of certain notes by foreclosing the mortgage given to secure them. They were open to any defense arising out of the same transaction between the original parties.
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Appeal from District Court, Burleigh County; Winchester, J. Action by Daniel W. Vickery against Melkert H. Burton and another. From a judgment for plaintiff, defendant’s appeal. This action was to recover the amounts of certain notes by foreclosing the mortgage given to secure them. They were open to any defense arising out of the same transaction between the original parties. Olds v. Cummings, 31 111. 188; Edgerton v. Young, 43 111. 464; Kluman v. Frishie, 63 111. 482; White v. Sutherland, 64 111. 181; Haskell v. Brown, 65 111. 29; International Bank v. Bowen, 80 111. 541; Melendy v Keen, 89…
1Opinion of the Court
Wallin, C J.
This action is brought to foreclose a mortgage given to secure the payment of two promissory notes dated October 12, 1892, of $300 each. The notes were executed by the defendants, and delivered to one Pulaski J. Scovil, to whose order they were made payable, and the mortgage was made and delivered by the defendants to Scovil at the same time the notes were delivered. The mortgage covered real estate situated in Burleigh County, and was properly recorded. The complaint alleges: “That thereafter the said notes were, by the indorsement of the said Pulaski J. Scovil, for a valuable…
2Cases cited18 opinions
- Smith v. LivingstonMassachusetts Supreme Judicial Court · 1873
- Bank of Montreal v. RichterSupreme Court of Minnesota · 1893
- Dunham v. PetersonNorth Dakota Supreme Court · 1896
- Blakely v. GrantMassachusetts Supreme Judicial Court · 1810
- First National Bank v. HolanSupreme Court of Minnesota · 1896
13 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Cameron v. Great Northern Railway Co.North Dakota Supreme Court · 1898
- Woodward v. McCollumNorth Dakota Supreme Court · 1907
- First National Bank v. FlathNorth Dakota Supreme Court · 1901
- Capitol Hill State Bank v. Rawlins National BankWyoming Supreme Court · 1916
- National Bank of Commerce v. PickNorth Dakota Supreme Court · 1904
21 more not listed; retrieve them via the Exa API.