Sletten v. First National Bank
North Dakota Supreme Court
Appeal from the District Court, Stutsman County, Goffey, J. Defendant appeals. Statement of facts by Birdzell, J. This is an appeal from a judgment of the district court of Stutsman county permitting the plaintiff and respondent, Sletten, to redeem from a mortgage foreclosure sale in circumstances that appear in the statement of facts below.
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Appeal from the District Court, Stutsman County, Goffey, J. Defendant appeals. Statement of facts by Birdzell, J. This is an appeal from a judgment of the district court of Stutsman county permitting the plaintiff and respondent, Sletten, to redeem from a mortgage foreclosure sale in circumstances that appear in the statement of facts below. The case is here for trial de novo, .and error is predicated upon certain findings of fact and conclusions of law which will be specifically treated in the opinion. The facts as we gather them from the record are as follows: In March, 1911, Thor J.…
1Opinion of the CourtBirdzell, J.
(after stating the facts as above). The record in this case is a long one; and, while there is considerable conflicting testimony, there can be little doubt that the facts in the foregoing state*55ment are amply substantiated by tbe evidence. Tbe real controversy is as to tbe proper inferences of fact and tbe legal conclusions warranted by tbe facts stated. Tbe trial court found tbat tbe acts of New-berry, as easbier of tbe First National Bank of Carrington, sufficiently manifested an intention on tbe part of tbe defendant to obtain tbe plaintiff’s land for tbe amount due upon tbe Johnson…
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