Martin v. Yager
North Dakota Supreme Court
Appeal from the District Court of Pierce County, Burr, J. ■ Action to determine adverse claims to real estate. Judgment for plaintiff. Defendant appeals. Statement of facts by Bruce, J. This is an action to quiet title and to determine adverse claims, to real estate. Michael Volk filed on a quarter section of government land.
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Appeal from the District Court of Pierce County, Burr, J. ■ Action to determine adverse claims to real estate. Judgment for plaintiff. Defendant appeals. Statement of facts by Bruce, J. This is an action to quiet title and to determine adverse claims, to real estate. Michael Volk filed on a quarter section of government land. Thereafter he and his wife (the plaintiff, Anna Martin, formerly Anna Volk) gave a mortgage on the land to secure certain notes signed by Michael Volk aloné, and which represented his personal indebtedness alone. The mortgage, however, was signed and acknowledged by both…
1Opinion
On Petition for Rehearing.
Bruce, J.
The only doubt we have entertained after reading the petition for rehearing in this case is whether the fact that the mortgage was foreclosed for more than was in fact due gives to the plaintiff any rights in the premises. We are satisfied, however, that the mistake, and the evidence shows it to have been a bona fide mistake, gives no *589such rights. The law seems to be well established that “claiming in the notice more than is due on the mortgage'will not affect the validity of the sale, unless it appears that it was done with a fraudulent purpose, or that it…
2Cases cited9 opinions
- Hamilton v. LubukeeIllinois Supreme Court · 1869
- Kerfoot v. BillingsIllinois Supreme Court · 1896
- Grove v. Great Northern Loan Co.North Dakota Supreme Court · 1908
- Cook v. FosterMichigan Supreme Court · 1893
- Menard v. CroweSupreme Court of Minnesota · 1874
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