Merchants National Bank of Fargo v. Miller

The trial found that prior to October 19, 1922, the defendant Miller known as the son, owned a half interest in the land involved — the other half being owned by one F. Boesch; that Miller gave a mortgage to the plaintiff, on this interest subject to a first mortgage, both mortgages being recorded; that the first mortgage was assigned to Miller’s father, who foreclosed it and bid in the land at the sale; that no redemption was made and sheriff’s deed was issued to the father; that the son “went through bankruptcy” by filing his schedules, listing his indebtedness to plaintiff and receiving a…