Northwestern Fire & Marine Insurance v. Lough
North Dakota Supreme Court
Appeal from District Court, Grand Forks county; Fisk, J. Action by the Northwestern Fire & Marine Insurance Company against Sidney C. Lough and others. Judgment for defendant, and plaintiff appeals. Lough as equitable owner, and Loe as receiver, as the holder of legal title should be compelled to respect plaintiff’s mortgage, as its proceeds have enriched the fund in the hands of the receiver for the benefit of the creditor.
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Appeal from District Court, Grand Forks county; Fisk, J. Action by the Northwestern Fire & Marine Insurance Company against Sidney C. Lough and others. Judgment for defendant, and plaintiff appeals. Lough as equitable owner, and Loe as receiver, as the holder of legal title should be compelled to respect plaintiff’s mortgage, as its proceeds have enriched the fund in the hands of the receiver for the benefit of the creditor. A warranty deed properly executed expresses upon its face its true meaning, intent and purpose. This presumption is overcome only by evidence that is “clear, specific,…
1Opinion of the Court
Glaspell, Special Judge.
The plaintiff brings this action .against Sidney C. Lough et al. to foreclose a mortgage against lot 17 in block 7 in the town of Northwood and county of Grand Forks, which mortgage was executed as security for a note for $2,000. The defendants, State Bank of Northwood and Samuel Loe, as 'receiver of -said bank, answer, and assert that Lough had no right or title to the property mortgaged at any time, but, on the contrary, the lot was at the time of the execution of the mortgage and note the property of the bank, under a warranty deed duly recorded. The defendant bank…
2Cases cited8 opinions
- Jasper v. HazenNorth Dakota Supreme Court · 1894
- West St. Louis Savings Bank v. Shawnee County BankSupreme Court of the United States · 1877
- Park Hotel Co. v. Fourth Nat. Bank of St. LouisCourt of Appeals for the Eighth Circuit · 1898
- McGuin v. LeeNorth Dakota Supreme Court · 1901
- Wells v. GeyerNorth Dakota Supreme Court · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- First National Bank v. GunhusSupreme Court of Iowa · 1907
- Miller v. SmithNorth Dakota Supreme Court · 1910
- Schinzer v. WymanNorth Dakota Supreme Court · 1914
- Adams v. McIntyreNorth Dakota Supreme Court · 1911