Higbee v. Daeley
North Dakota Supreme Court
Appeal from District Court, Ramsey county; Fisk, J. Action by William E. Higbee against Richard Daeley and others. Judgment for defendants, and plaintiff appeals. Foreclosure must be by a legal owner of the mortgage, and if he is the assignee, his assignment must be recorded. Section 3419, R. C. 1899; Pardee v. Lindley, 31 Ill. 174; Strother v..
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Appeal from District Court, Ramsey county; Fisk, J. Action by William E. Higbee against Richard Daeley and others. Judgment for defendants, and plaintiff appeals. Foreclosure must be by a legal owner of the mortgage, and if he is the assignee, his assignment must be recorded. Section 3419, R. C. 1899; Pardee v. Lindley, 31 Ill. 174; Strother v.. Law, 54 Ill. 413; Niles v. Ransford, 1 Mich. 338; Dunning v. McDonald, 55 N. W. 864; Hathorn v. Butler, 75 N. W. 743; Clark v. Mitchell, 84 N. W. 327. If not so done the foreclosure is void. Section 3419, Rev. Codes 1899; Niles v. Ransford, supra;…
1Opinion of the CourtEngerud, J.
Plaintiff, claiming to be the owner in fee of the quarter section of land in question, brought this action to enforce his alleged right to redeem said premises from a mortgage lien thereon, and to require the defendants to account for the rents and profits of the land as mortgagees in possession. The defendants deny the plaintiff’s title and right to redeem, and assert that, if plaintiff ever had any title, it was extinguished by a valid foreclosure by advertisement of the mortgage from which the redemption is sought. The case is before us for trial de novo on all the evidence.
The pivotal…
2Cases cited10 opinions
- Fowler v. Lewis's Adm'rWest Virginia Supreme Court · 1892
- Power v. LarabeeNorth Dakota Supreme Court · 1894
- Bottineau v. Ætna Life InsuranceSupreme Court of Minnesota · 1883
- Merrill v. LuceSouth Dakota Supreme Court · 1894
- Hoyt v. Pawtucket Institution for SavingsIllinois Supreme Court · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hebden v. BinaNorth Dakota Supreme Court · 1908
- Earnest v. First National BankNorth Dakota Supreme Court · 1927
- Cotton v. HortonNorth Dakota Supreme Court · 1911
- Page v. SmithNorth Dakota Supreme Court · 1916
- Past v. RennierNorth Dakota Supreme Court · 1915
1 more not listed; retrieve them via the Exa API.