Williams v. Corey
North Dakota Supreme Court
Appeal from District Court, McHenry county; Goss, Judge. Action by Lizzie Williams against Burley E. Corey and another.. Judgment for defendant Gehring, and plaintiff appeals. Reference to instrument gives constructive notice of its terms. Tie-deman, Real Prop. ¶ 817 b note 2, and cases cited; 27 Am. & Eng. Enc.
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Appeal from District Court, McHenry county; Goss, Judge. Action by Lizzie Williams against Burley E. Corey and another.. Judgment for defendant Gehring, and plaintiff appeals. Reference to instrument gives constructive notice of its terms. Tie-deman, Real Prop. ¶ 817 b note 2, and cases cited; 27 Am. & Eng. Enc. Law, 2d ed.. 508, 509. Payment of an amount due on a foreclosure, by one bound to pay it, wipes out the foreclosure. 27 Cyc. 1865, 1866. Assignee of vendee need not be served with notice of cancelation. Rev. Code 1905, § 7495. To be a bona fide purchaser, one must get a legal title.…
1Opinion of the CourtEisk, J.
This is an action in equity, and comes here for trial ,de novo. The facts are not seriously in dispute; but counsel disagree .as to the nature of the action, plaintiff’s counsel contending that it is .ran action to quiet plaintiff’s title as against the two defendants, while defendants’ counsel assert that the action is one to set aside a contract and to vacate certain foreclosure proceedings, including a sheriff’s deed based thereon, and to adjudge that any title acquired by defendant Corey through such foreclosure proceedings, and that any interest in the •real property in controversy…
2Cases cited6 opinions
- Brown v. Crookston Agricultural Ass'nSupreme Court of Minnesota · 1886
- Shelly v. MikkelsonNorth Dakota Supreme Court · 1895
- Hage v. BennerSupreme Court of Minnesota · 1910
- Johnson v. EklundSupreme Court of Minnesota · 1898
- Nichols v. TingstadNorth Dakota Supreme Court · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Raasch v. GouletNorth Dakota Supreme Court · 1929
- State Bank of Sevier v. American Cement & Plaster Co.Utah Supreme Court · 1932
- Buller v. FalkNorth Dakota Supreme Court · 1919
- State v. Northwestern Improvement Co.North Dakota Supreme Court · 1943