Miller v. Little
North Dakota Supreme Court
Appeal from the District Court of Stark County, Honorable IF. C. Crawford, Judge. There was an obligation resting upon plaintiffs to have protected their property and the security given to the defendant thereon. There was no duty devolving upon defendant to make redemption from the foreclosure sale, of any prior mortgage, nor by reason of not redeeming would defendant be deemed guilty of laches in his duty to plaintiffs.
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Appeal from the District Court of Stark County, Honorable IF. C. Crawford, Judge. There was an obligation resting upon plaintiffs to have protected their property and the security given to the defendant thereon. There was no duty devolving upon defendant to make redemption from the foreclosure sale, of any prior mortgage, nor by reason of not redeeming would defendant be deemed guilty of laches in his duty to plaintiffs. If defendant had not purchased the sheriff’s certificate it would have run to deed in name of purchaser, and the deed would have stood as a bar to the enforcement by…
1Opinion of the CourtRobinson, J.
The plaintiffs aver that from October 5, 1914, to December 1, 1915, the plaintiffs did farm work and labor for and at the request of the defendant, for which he promised to pay $544.67; and that he paid only $228.01; and the balance due is $316.66. In ■September, 1916, the plaintiff recovered a judgment, and the defendant .appeals.
The answer is a counterclaim. It avers that on September 13, 1911, the plaintiff made to the defendant a promissory note to pay $325 on September 13, 1916, with interest, and that to secure the same they gave defendant a mortgage on a certain 80 acres of land in…
2Cases cited4 opinions
- Moore v. OliveSupreme Court of Iowa · 1901
- McDonald v. MagirlSupreme Court of Iowa · 1896
- National Investment Co. v. NordinSupreme Court of Minnesota · 1892
- Crowley v. HaraderSupreme Court of Iowa · 1886
3Cited by5 opinions
- Eastern Idaho Production Credit Ass'n v. Placerton, Inc.Idaho Supreme Court · 1980
- John Miller Co. v. Harvey Mercantile Co.North Dakota Supreme Court · 1920
- Investcal Realty Corp. v. Edgar H. Mueller Constr. Co.California Court of Appeal · 1966
- Williams v. CampionNorth Dakota Supreme Court · 1925
- Eastern Idaho Production Credit Ass'n v. Placerton, Inc.Idaho Supreme Court · 1980