Page v. Smith
North Dakota Supreme Court
Appeal from District Court Dickey County, Allen, J. The foreclosure of a real estate mortgage by advertisement, by an assignee, where his assignment has not been duly recorded, is void.
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Appeal from District Court Dickey County, Allen, J. The foreclosure of a real estate mortgage by advertisement, by an assignee, where his assignment has not been duly recorded, is void. Hickey v. Eichards, 3 Dak. 345, 20 N. W. 428; Morris v. McKnight^ 1 N. D. 266, 47 N. W. 375. A foreign corporation, living in another state and claiming constructive possession, of real estate only by virtue of a sheriff’s deed, based on a void foreclosure, and not coupled with any act of continuous, open, notorious, and hostile occupancy of a tract of wild, vacant, and unimproved lands, cannot be said to be…
1Opinion of the CourtGoss, J.
Plaintiff brings action to quiet title, claiming ownership in fee simple to a quarter section of land in Dickey county. Besides defendant Ed. A. Smith and wife several mortgagees and assigns are made defendants. Smith answering asserts ownership in fee simple and asks affirmative relief. A reply was interposed deraigning title in plaintiff through foreclosure of a mortgage given by one Conser for $350 to James Beckitt, Eannie Saunders, and Ashby Yarley Saunders. That said mortgage had been foreclosed by advertisement and sale in 1892 by the Colonial & United States Mortgage Company of England…
2Cases cited7 opinions
- State Finance Co. v. BeckNorth Dakota Supreme Court · 1906
- Nash v. Northwest Land Co.North Dakota Supreme Court · 1906
- Hebden v. BinaNorth Dakota Supreme Court · 1908
- D. S. B. Johnston Land Co. v. MitchellNorth Dakota Supreme Court · 1915
- Mears v. Somers Land Co.North Dakota Supreme Court · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Woodland v. WoodlandNorth Dakota Supreme Court · 1966
- Grandin v. GardinerNorth Dakota Supreme Court · 1954
- Steinwand v. BrownNorth Dakota Supreme Court · 1917
- Page v. SmithNorth Dakota Supreme Court · 1918
- Steinwand v. BrownNorth Dakota Supreme Court · 1917