McDonald v. Beatty
North Dakota Supreme Court
Appeal from District Court, Towner County, Cowan, J. Action by A. B. McDonald against George W. Beatty and wife to recover possession of land. From a judgment in favor of plaintiff, defendants appeal. Under the agreements between Beatty and Studness and Beatty and Jacobson acting for Morgan and Davis, the sheriff’s certificates of sale constituted mere mortgages, and gave Studness and Morgan and Dávis, the respective parties, only mortgage interests in the property.
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Appeal from District Court, Towner County, Cowan, J. Action by A. B. McDonald against George W. Beatty and wife to recover possession of land. From a judgment in favor of plaintiff, defendants appeal. Under the agreements between Beatty and Studness and Beatty and Jacobson acting for Morgan and Davis, the sheriff’s certificates of sale constituted mere mortgages, and gave Studness and Morgan and Dávis, the respective parties, only mortgage interests in the property. Instead of their furnishing the money to pay off these mortgages, and then taking from Beatty deeds as security, it was…
1Opinion of the CourtYoung, J.
This action was tried to the court without a jury. It involves the title and right of possession of two quarter sections of real estate situated in Towner county. The plaintiff prevailed in the district court, and the defendants appeal from the judgment, which adjudged that plaintiff was owner in fee simple ■of the real estate in question, and that the defendants have no interest therein. The case is presented for trial de novo under § 5630, Rev. Code, 1899.
The facts which we deem material to a determination of the •question involved are not in dispute. On January 16, 1896, the title to the…
2Cases cited12 opinions
- Dickerson v. ColgroveSupreme Court of the United States · 1880
- Morgan v. Railroad Co.Supreme Court of the United States · 1878
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- Power v. LarabeeNorth Dakota Supreme Court · 1894
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