Anderson v. Kain
North Dakota Supreme Court
Appeal from the District Court of Eddy County, Honorable K. E. Leighton, Judge. The burden of. proof is upon defendant to show that the original note was paid by the renewal note, and that therefore the mortgage securing the original note indebtedness was satisfied. First Nat.
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Appeal from the District Court of Eddy County, Honorable K. E. Leighton, Judge. The burden of. proof is upon defendant to show that the original note was paid by the renewal note, and that therefore the mortgage securing the original note indebtedness was satisfied. First Nat. Bank v. Flath, 10 N. D. 281, 86 N. W. 867; Bank v. Flath, 10 N. D. 275. It is the law that a change of form of a debt or renewal of a mortgage note, or even the return of the old note itself to the maker, does not vitiate the mortgage so long as the mortgage debt remains unpaid and can be traced. 27 Cyc. 1410; 2 Jones,…
1Opinion of the CourtBirdzell, J.
This is an appeal from a judgment in favor of the defendants entered in an action to foreclose a mortgage. The facts .are as follows:
The defendants, John Fain and Mattie S. Fain, on December 17th, 1909, gave to A. C. Anderson a promissory note for $518 which was due approximately two years after its date and was secured by a real estate mortgage on the east half of the northwest quarter and the northeast quarter of the southwest quarter of Section 27, Township 150 N., Range 64 W. of the 5th P. M. The land described in the mortgage was government land upon which John Fain had filed but upon…
2Cases cited2 opinions
- Hays v. . HathornNew York Court of Appeals · 1878
- Beyer v. Investors' SyndicateNorth Dakota Supreme Court · 1915
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- Morris v. TwichellNorth Dakota Supreme Court · 1933
- First National Bank v. ZookNorth Dakota Supreme Court · 1923
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