St. John v. Lofland
North Dakota Supreme Court
Appeal from District Court, Steele County; McConnell, J. Action by Sydney S. St. John, administrator of Albert C. St. John, against John F. Lofland. Judgment for defendant, and plaintiff appeals. contended that section 5260, Comp.
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Appeal from District Court, Steele County; McConnell, J. Action by Sydney S. St. John, administrator of Albert C. St. John, against John F. Lofland. Judgment for defendant, and plaintiff appeals. contended that section 5260, Comp. Laws, extended its operation to transactions with the deceased as administratrix, citing: Boynton v. Phelps, 52 111. 210; Whitmere v. Rticker, 71 111. 410; Redden v. Jimman, 6 111. App. 55; Waldman v. Crommeliti, 46 Ala. 580. cited: Voss v. King, 10 S. E. Rep. 402; Morgan v. Bunting, 86 N. C. 66; Hedsbrant v. Crawford, 65 N. Y. 107; Sprague v.Bond, 18 S. E. Rep.…
1Opinion of the CourtCorliss, J.
The decision of this case will turn upon the construction of Comp. Laws, § 5260. The action was to foreclose a mortgage given to secure a promissory note. The note and mortgage were executed by defendant. The consideration for the note was the sale to.defendant by Lydia B. St. John, as administratrix of the estate of Albert C. St. John, of certain personal property, constituting a portion of the assets of such estate. The note and mortgage were both executed to such administratrix. Subsequently she died, and the plaintiff was appointed administrator of the estate in her place. The defense to…
2Cases cited15 opinions
- Newton v. NewtonTexas Supreme Court · 1890
- Roberts v. WimberlyTexas Supreme Court · 1874
- Lobdell v. . LobdellNew York Court of Appeals · 1867
- Voss v. KingWest Virginia Supreme Court · 1889
- Johnson v. JohnsonSupreme Court of Iowa · 1879
10 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Estate of GrossmanSupreme Court of Pennsylvania · 1979
- Knoepfle v. SukoNorth Dakota Supreme Court · 1961
- Luick v. ArendsNorth Dakota Supreme Court · 1911
- O'CONNOR v. ImmeleNorth Dakota Supreme Court · 1950
- Schlichenmayer v. LuithleNorth Dakota Supreme Court · 1974
27 more not listed; retrieve them via the Exa API.