Steinwand v. Brown
North Dakota Supreme Court
Appeal from District Court of Dickey County, Honorable Frank P. Allen, Judge. Defendant appeals. To entitle a party to foreclose a mortgage by advertisement, all assignments must first be duly recorded.
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Appeal from District Court of Dickey County, Honorable Frank P. Allen, Judge. Defendant appeals. To entitle a party to foreclose a mortgage by advertisement, all assignments must first be duly recorded. Code, § 8077, subd. 3; Page v. Smith, 33 N. D. 369, 157 N. W. 477, and cases cited; Morris v. McKnight, 1 N. D. 266, 47 N. W. 375; Langmaack v. Keith, 19 S. D. 351, 103 N. W. 210. A party foreclosing a mortgage by advertisement must not only own the mortgage in fact, but his ownership must appear upon the records in the office of the register of deeds. Otherwise a party has no right to so…
1Opinion of the CourtRobinson, J.
The plaintiff brings this suit under the statute to determine adverse claims to a quarter section of land (N. W. ¿ 2-131-64) in Dickey county. On August 4, 1914, Daniel Brown by answer avers that he is the owner in fee of the land and entitled to possession of the same under a patent from the United States. In reply the plaintiff avers that under a mortgage deed made by Brown, a foreclosure of the same, and a sheriff’s deed, she and her grantors have been in actual and continuous, open and adverse, possession of the land for more than twenty years and have paid all taxes on the land since…
2Cases cited6 opinions
- Nash v. Northwest Land Co.North Dakota Supreme Court · 1906
- Walton v. PerkinsSupreme Court of Minnesota · 1881
- Stuart v. LowrySupreme Court of Minnesota · 1892
- Knudson v. CurleySupreme Court of Minnesota · 1883
- School District No. 109 v. HeftaNorth Dakota Supreme Court · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Grandin v. GardinerNorth Dakota Supreme Court · 1954
- Playa De Flor Land & Improvement Co. v. United StatesDistrict Court, Canal Zone · 1945
- Jungkunz v. ComonowNorth Dakota Supreme Court · 1919
- Schoenherr v. HenschelNorth Dakota Supreme Court · 1928
- Mueller v. BohnNorth Dakota Supreme Court · 1919
2 more not listed; retrieve them via the Exa API.