Halloran v. Holmes
North Dakota Supreme Court
Appeal from District Court, Dickey county; Lmder, J. Action by Thomas Halloran against C. Duane Holmes and others. Judgment for plaintiff. Defendant Holmes appeals. When a grant of real property purports to be an absolute conveyance, but is intended to be a mortgage, it cannot be defeated as a grant against any person taking by purchase from the grantee therein named, without actual notice.
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Appeal from District Court, Dickey county; Lmder, J. Action by Thomas Halloran against C. Duane Holmes and others. Judgment for plaintiff. Defendant Holmes appeals. When a grant of real property purports to be an absolute conveyance, but is intended to be a mortgage, it cannot be defeated as a grant against any person taking by purchase from the grantee therein named, without actual notice. Mabury v. Ruiz, 58 Cal. 11. One who takes by a warranty deed is a purchaser in good faith for a valuable consideration within the meaning of the registry law, and entitled to protection, although his…
1Opinion of the CourtEngerud, J.
' The plaintiff, Halloran, commenced this action March 22, 1902, against C. Duane Holmes and E. K. White. The complaint alleges, in substance, that on May 30, 1899, the plaintiff was the owner in fee of the section of land in controversy, situated in Dickey county; that plaintiff executed and delivered to said White a deed of the land in question, which deed, although absolute in form, was in fact given only as security for a present loan and certain anticipated future advances by White to plaintiff; that plaintiff has offered, and is ready and willing, to pay to White whatever sum may be due…
2Cases cited9 opinions
- Place v. . MinsterNew York Court of Appeals · 1875
- Jewett v. PalmerNew York Court of Chancery · 1823
- Catlin v. . GunterNew York Court of Appeals · 1854
- Anderson v. First Nat. BankNorth Dakota Supreme Court · 1895
- Burt v. C. Gotzian & Co.Court of Appeals for the Eighth Circuit · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
- Rickel v. ShermanNorth Dakota Supreme Court · 1916
- Wolfinger v. ThomasSouth Dakota Supreme Court · 1908
- Robertson v. MosesNorth Dakota Supreme Court · 1906
- Schwoebel v. FuginaNorth Dakota Supreme Court · 1905
3 more not listed; retrieve them via the Exa API.