Englert v. Dale
North Dakota Supreme Court
Appeal from the District Court for Mountrail County, Fish, J. Action to set aside a real estate mortgage. Judgment for the plaintiff, defendant appeals. Statement by Bruce, J. This case comes before us for a trial de novo under the Newman act. The complaint, dated February 24, 1911, alleges that on the 21st day of December, 1908, through fraud and coercion, duress and undue influence, the plaintiff executed to the defendant a mortgage on a quarter section of land.
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Appeal from the District Court for Mountrail County, Fish, J. Action to set aside a real estate mortgage. Judgment for the plaintiff, defendant appeals. Statement by Bruce, J. This case comes before us for a trial de novo under the Newman act. The complaint, dated February 24, 1911, alleges that on the 21st day of December, 1908, through fraud and coercion, duress and undue influence, the plaintiff executed to the defendant a mortgage on a quarter section of land. That said mortgage was and is entirely without consideration and foundation; that the plaintiff is an aged woman seventy-six years…
1Opinion of the CourtBruce, J.
(after stating the facts as above). There is much in the evidence in this case to support the claim of the plaintiff.. We are satisfied, however, that there is no such clear and convincing proof of fraud or duress as would justify us in setting aside the mortgage. There *592is evidence to the effect that the plaintiff was sixty-seven years old, that she had five living children, that Cassius Englert was the youngest son. She testified that she had not seen him since the 5th day of August, 1910, when he left the country, charged with having sold a mortgaged threshing machine, that they had lived…
2Cases cited9 opinions
- Landa v. ObertTexas Supreme Court · 1876
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- Adam v. McClintockNorth Dakota Supreme Court · 1911
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