Legal Opinion

Hagen v. Dwyer

North Dakota Supreme Court

Decided March 24, 1917PublishedCited by 7 opinions

[Appeal from District Court of Cass County, C. A. Pollock, J. Tbe law is general that any description in a mortgage or deed that -will enable the’ parties to identify the property with the aid of such inquiries as the instrument itself suggests is a sufficient description. ■Jones, Chat. Mortg. §§ 56, 57; Nichols, S. & Co. v. Barnes, 3 Dab.

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[Appeal from District Court of Cass County, C. A. Pollock, J. Tbe law is general that any description in a mortgage or deed that -will enable the’ parties to identify the property with the aid of such inquiries as the instrument itself suggests is a sufficient description. ■Jones, Chat. Mortg. §§ 56, 57; Nichols, S. & Co. v. Barnes, 3 Dab. J48, 14 N. W. 110; Melin v. Reynolds, 32 Minn. 52, 19 N. W. 81; Minor v. Sheehan, 30 Minn. 419, 15 N. W. 687; Reynolds v. Strong, 10 N. D. 81, 88 Am. St. Rep. 680, .85 N. W. 987; Union Nat. Bank v. Oium, 3 N. D. 193, 44 Am. St. Rep. 533, 54 N. W. 1034; 1…

1Opinion of the CourtBirdzell, J.

Separate actions were brought for the foreclosure of two chattel mortgages. One Green intervened in both actions, and. asked for the foreclosure of a thresher’s lien and a chattel mortgage held by him. The actions were consolidated and resulted in the foreclosure of the Green lien and mortgage and in the entry of judgment against the defendant for the amount of plaintiff’s claim and for a deficiency in favor of the intervener. From this judgment the plaintiff appeals, claiming that his mortgage is prior to the liens of the intervener. The facts are as follows: On January 28th, 1915, the…

2Cases cited8 opinions

  1. Minor v. SheehanSupreme Court of Minnesota · 1883
  2. Walter A. Wood M. & R. M. Co. v. Minneapolis & N. E. Co.Supreme Court of Minnesota · 1892
  3. State v. . LoganSupreme Court of North Carolina · 1888
  4. Nichols, Shepard & Co. v. BarnesSupreme Court Of The Territory Of Dakota · 1882
  5. Wade v. StrachanMichigan Supreme Court · 1888

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3Cited by7 opinions

  1. Sargent County Bank v. WentworthNorth Dakota Supreme Court · 1993
  2. Teigen v. Occident Elevator Co.North Dakota Supreme Court · 1924
  3. Arro Refining Co. v. Montana & Dakota Grain Co.Montana Supreme Court · 1930
  4. Strong City Gin Co. v. Herring & YoungSupreme Court of Oklahoma · 1938
  5. First State Bank v. Kellogg Commission Co.North Dakota Supreme Court · 1918

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