Wirtz v. Wolter
North Dakota Supreme Court
Appeal from the District Court of Mountrail County; Frank E. Fisk, J. From a judgment in defendant’s favor, plaintiff appeals. The last mortgage given and delivered for the same debt secured by a prior mortgage, but including other indebtedness, did not cancel the first or prior mortgage, but it was obliterated by the second or new mortgage, which was substituted for the old one. It was the last and really the only, agreement standing between the parties.
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Appeal from the District Court of Mountrail County; Frank E. Fisk, J. From a judgment in defendant’s favor, plaintiff appeals. The last mortgage given and delivered for the same debt secured by a prior mortgage, but including other indebtedness, did not cancel the first or prior mortgage, but it was obliterated by the second or new mortgage, which was substituted for the old one. It was the last and really the only, agreement standing between the parties. Stow v. Russell, 36 111. 18; Hargrave v. Conroy, 19 N. J. Eq. 281; Bradway v. Groenendylce, 153 Ind. 508, 55 N. E. 434; Smith v. Bettger,…
1Opinion of the CourtFisk, C. J.
The facts in this case were all stipulated by counsel, and the findings of fact by the trial court are in accord with such stipulation, appellants’ sole contention being that the conclusions of law are not warranted by such facts.
The appeal raises but one question for our consideration, and that is whether a renewal note and mortgage given for the amount of the indebtedness covered by the old note and mortgage operates in law to supersede such prior note and mortgage. In the light of the conceded *366fact as found, that nothing has been paid on ■ either of such notes or mortgages except an amount…
2Cases cited6 opinions
- Thacher v. DinsmoreMassachusetts Supreme Judicial Court · 1809
- Bradway v. GroenendykeIndiana Supreme Court · 1899
- State Bank v. Mutual Telephone Co.Supreme Court of Minnesota · 1913
- Smith v. BettgerIndiana Supreme Court · 1879
- Nixon v. BeardIndiana Supreme Court · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Farmers State Bank v. JeskeNorth Dakota Supreme Court · 1924
- C. A. Finch Lumber Co. v. WeishaarNorth Dakota Supreme Court · 1927
- State Bank v. DronenNorth Dakota Supreme Court · 1924
- Farmers State Bank v. KvammeNorth Dakota Supreme Court · 1924
- Milnor Holding Co. v. HoltNorth Dakota Supreme Court · 1933