Nichols v. Tingstad
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Action by George E. Nichols against Annie Tingstad and others. From a judgment in favor of defendants. Plaintiff appeals. The sale and right of redemption under the power given in the mortgage contract is governed by the law in force at the time the mortgage is made, and at the time of the foreclosure, and so all the rights of the parties of such foreclosure sale must be determined. Smith v. Greene, 41 Fed.
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Appeal from District Court, Cass County; Pollock, J. Action by George E. Nichols against Annie Tingstad and others. From a judgment in favor of defendants. Plaintiff appeals. The sale and right of redemption under the power given in the mortgage contract is governed by the law in force at the time the mortgage is made, and at the time of the foreclosure, and so all the rights of the parties of such foreclosure sale must be determined. Smith v. Greene, 41 Fed. Rep. 455. The deed on foreclosure transfers only such estate or interest in the mortgaged property as the mortgagor had at the time of…
1Opinion of the CourtMorgan, J.
This action was brought by the plaintiff to foreclose a mortgage on real estate given by the defendant John E. Tingstad to the Huber Manufacturing Company on November 21, 1889, and by it assigned to the plaintiff before the commencement of this suit. The complaint states the following facts, in substance: That on October 31, 1889, the said John E. Tingstad.was a single person, and the owner of the land described in the mortgage attempted to be foreclosed in this action; that on said October 31, 1889, he executed and delivered to the Farmers’ Trust Company his mortgage on said lands to secure…
2Cases cited7 opinions
- Brown v. Crookston Agricultural Ass'nSupreme Court of Minnesota · 1886
- Hokanson v. GundersonSupreme Court of Minnesota · 1893
- Fowler v. JohnsonSupreme Court of Minnesota · 1880
- C. Aultman & Co. v. SiglingerSouth Dakota Supreme Court · 1892
- Nopson v. HortonSupreme Court of Minnesota · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Martinson v. First National Bank of Oakes (In Re Martinson)District Court, D. North Dakota · 1983
- Harvison v. GriffinNorth Dakota Supreme Court · 1915
- State v. Amerada Petroleum CorporationNorth Dakota Supreme Court · 1955
- Beiseker v. SvendsgaardNorth Dakota Supreme Court · 1914
- Brown v. SmithNorth Dakota Supreme Court · 1904
2 more not listed; retrieve them via the Exa API.