Wessel v. D. S. B. Johnston Land & Mortgage Co.
North Dakota Supreme Court
Appeal from District Court, Richland County; Lauder, J.
1Opinion of the CourtBartholomew, C. J.
Action by Helene Wessel, the respondent, to recover certain money paid by her to redeem certain real estate owned by her from foreclosure sale under a power of sale *161contained in a mortgage executed by her to the D. S. B. Johnston Land & Mortgage Company, the defendant and appellant. Trial to a jury. Verdict for plaintiff. Motion for a new trial denied and defendant appeals.
When the case was called for trial the appellant, by motion, asked to have the case dismissed because the complaint did not state facts sufficient to constitute a cause of action, and because the action was improperly…
2Cases cited9 opinions
- Lamborn v. County CommissionersSupreme Court of the United States · 1878
- Joannin v. OgilvieSupreme Court of Minnesota · 1892
- Comm'rs of Wabaunsee Co. v. WalkerSupreme Court of Kansas · 1871
- Lester v. Mayor of BaltimoreCourt of Appeals of Maryland · 1868
- Emmons v. ScudderMassachusetts Supreme Judicial Court · 1874
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3Cited by12 opinions
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- Murphy v. CasselmanNorth Dakota Supreme Court · 1913
- Diocese of Fargo v. County of CassNorth Dakota Supreme Court · 1914
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