Kenmare Hard Coal, Brick, & Tile Co. v. Riley
North Dakota Supreme Court
Appeal from District Court of Ward county; Goss, J. Action to redeem from sheriff’s deed on the foreclosure ot a mortgage. Judgment for plaintiff. Defendant appealed. ! Authority to collect a mortgage debt, foreclose such mortgage, and receive money upon redemption, does not authorize extension of period to redeem. Narcher v. Gans, 13 S. D. 383, 79 Am.
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Appeal from District Court of Ward county; Goss, J. Action to redeem from sheriff’s deed on the foreclosure ot a mortgage. Judgment for plaintiff. Defendant appealed. ! Authority to collect a mortgage debt, foreclose such mortgage, and receive money upon redemption, does not authorize extension of period to redeem. Narcher v. Gans, 13 S. D. 383, 79 Am. St. ¡Rep. 893, 83 N. W. 1-31; Wilken v. Voss, 120 Iowa, 500, 91 N. W. 1123; Ormsby v. Graham, 123 Iowa, 202, 98 N. W. 721; Gilbert v. Garber, 62 Neb. 161, 87 N. W. 179; Western White Bronze Co. v. Portrey, 50 Neb. 801, 70 N. W. 383; Union…
1Opinion of the Court
Morgan, Ch. J.
This is an action to redeem from a sale of real estate under a power of sale contained in a mortgage. The owner of the land was Malcolm McBride, who mortgaged it to Clara A. Beiseker on December 8th, 1900, to secure the payment of the sum of $250, with 12 per cent interest thereon. This mortgage was assigned to the defendant Anna T. ¡Riley on January 7th, 1901. On the 3d day of June, 1905, it was foreclosed by advertisement, and the land bid in at the sale by said Anna T. ¡Riley, for the amount of said mortgage and interest at 12 per cent from date, and costs and taxes, being in…
2Cited by6 opinions
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- John Hancock Mutual Life Insurance v. RoederSupreme Court of Iowa · 1936
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