Gaar, Scott & Co. v. Collin
North Dakota Supreme Court
Appeal from District Court, Rolette county; Cowan, J. Action by Gaar, Scott & Co. against Artheme Collin and Julie Collin. From an order vacating a default judgment plaintiff appeals. Application to vacate judgment must be made and decided within one year after notice. Sargent v. Kindred, 5 N. D. 472, 67 N. W. 826. Knowledge of entry must be shown by applicant.
Read the full summary
Appeal from District Court, Rolette county; Cowan, J. Action by Gaar, Scott & Co. against Artheme Collin and Julie Collin. From an order vacating a default judgment plaintiff appeals. Application to vacate judgment must be made and decided within one year after notice. Sargent v. Kindred, 5 N. D. 472, 67 N. W. 826. Knowledge of entry must be shown by applicant. Judd v. Patton, 84 N. W. 199. Right to convey or incumber homestead without joinder of wife is a vested one, that cannot be destroyed by legislation. Gladney v. Sydnor, 60 L. R. A. 880; Gilmore v. Bright, 7 S. E. 751; New Jersey v.…
1Opinion of the CourtYoung, J.
The plaintiff has appealed from an order vacating a default judgment in an action to foreclose a real estate mortgage, and permitting the defendants, Artheme Collin and Julie Collin, his wife, to answer and defend in the action. The mortgage was signed by Artheme Collin and covers 160 acres of land situated in Rolette county, the title to which he acquired from the United States under the homestead law. The mortgage was given on September 9, 1899, to secure an indebtedness aggregating $2,691. It was not signed by Julie Collin, the mortgagor’s wife. The action was commenced on August 15, 1903.…
2Cases cited19 opinions
- Gee v. MooreCalifornia Supreme Court · 1859
- Barker v. DaytonWisconsin Supreme Court · 1871
- Barton v. DrakeSupreme Court of Minnesota · 1875
- Albright v. WarkentinSupreme Court of Kansas · 1884
- A. T. Bruce & Co. v. StricklandSupreme Court of North Carolina · 1879
14 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Dieter v. FraineNorth Dakota Supreme Court · 1910
- Yusko v. StudtNorth Dakota Supreme Court · 1917
- Justice v. SouderNorth Dakota Supreme Court · 1910
- Acklin v. First National BankNorth Dakota Supreme Court · 1934
- Edwards v. Cass CountyNorth Dakota Supreme Court · 1912
7 more not listed; retrieve them via the Exa API.