Wisner v. Field
North Dakota Supreme Court
Appeal from District Court, LaMoure county; Glaspell, J. Action by James E. Wisner and others against Mary C. Field and others. Judgment for defendants, and plaintiffs appeal. The form of transfer makes no difference in its legal effect if security is intended.
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Appeal from District Court, LaMoure county; Glaspell, J. Action by James E. Wisner and others against Mary C. Field and others. Judgment for defendants, and plaintiffs appeal. The form of transfer makes no difference in its legal effect if security is intended. Carr v. Carr, 52 N. Y. 251, 258; Stoddard v. Whiting, 46 N. Y. 627; section 4701, Rev. Codes 1899; Hodgkins v. Wright, 60 Pac. 431; Genet v. Davenport, 56 N. Y. 676; Fisk v. Stewart, 24 Minn. 97. Once a mortgage always a mortgage. Carr v. Carr, supra; Marshall v. Thompson et al., 39 N. W. 309; Murray v. Walker, 31 N. Y. 399; Horn v.…
1Opinion of the CourtMorgan, C. J.
This action involves the right of the title and possession of section 25, township 134, range 59, LaMoure county, N. D. The facts which control the decision of the case are the following: In the year 1882 James E. Wisner, one of the plaintiffs, was the owner of said section of land, and on August 26th of that year conveyed the same to J. O. Perkins, who gave him a purchase money mortgage for the balance due, amounting to $3,200. In October, 1883, this mortgage was assigned by Wisner to Mary C. Field, at the request of the defendant W. H. Field, her husband and agent, for the sum of $3,200 and…
2Cases cited4 opinions
- Wadge v. KittlesonNorth Dakota Supreme Court · 1903
- Butler v. RockwellSupreme Court of Colorado · 1890
- Mahon v. LeechNorth Dakota Supreme Court · 1902
- Rogers v. JamesSupreme Court of Arkansas · 1878
3Cited by4 opinions
- Kermit H. Severson, D/B/A Cardel Company v. Marcus FleckCourt of Appeals for the Eighth Circuit · 1958
- Alm Construction Company v. VertinNorth Dakota Supreme Court · 1962
- Battagler v. DicksonNorth Dakota Supreme Court · 1949
- Berry v. HeinzNorth Dakota Supreme Court · 1965