Roby v. Bismarck National Bank
North Dakota Supreme Court
Appeal from District Court, Morton County; Winchester, J. Action by Charles E. Roby and others against the Bismarck National Bank and others. Judgment for defendants, and plaintiffs appeal. The mortgage in dispute was an invalid mortgage because not signed by the husband, and its record did not impart notice.
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Appeal from District Court, Morton County; Winchester, J. Action by Charles E. Roby and others against the Bismarck National Bank and others. Judgment for defendants, and plaintiffs appeal. The mortgage in dispute was an invalid mortgage because not signed by the husband, and its record did not impart notice. Higley v. Millard, 45 la. 589. The fact that the vendor retains legal title as security for the unpaid purchase money will not operate to defeat the vendees claim of homestead in the property. Stinson v. Richardson, 44 la. 353; My rick v. Bill, 3 7 N. W. Rep. 369, S Dak. 167. The…
1Opinion of the CourtBartholomew, C. J.
The plaintiffs and appellants brought this action to foreclose a mortgage upon certain realty in the City of Mandan. Thomas J. Mitchell and Sarah E. Mitchell, the grantors in said mortgage, and various other parties interested in said realty, including the Bismarck National Bank, were made defendants. The bank alone made defense. From the unquestioned findings of fact we learn that on and prior to July 8, 1881, the firm of C. S. Weaver & Co., owned the realty in question; that said firm was composed of C. S. Weaver and R. S. Munger, and the realty was held in the individual names of the said…
2Cases cited14 opinions
- Swift v. KraemerCalifornia Supreme Court · 1859
- Nichols v. OverackerSupreme Court of Kansas · 1876
- Greeno v. BarnardSupreme Court of Kansas · 1877
- Christy v. DyerSupreme Court of Iowa · 1863
- Amphlett v. HibbardMichigan Supreme Court · 1874
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3Cited by21 opinions
- Skendzel v. MarshallIndiana Supreme Court · 1973
- Woodward v. McCollumNorth Dakota Supreme Court · 1907
- Dixon v. KaufmanNorth Dakota Supreme Court · 1953
- Helgebye v. DammenNorth Dakota Supreme Court · 1904
- Raymond v. Nix, Halsell & Co.Supreme Court of Oklahoma · 1897
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