Leverson v. Olson
North Dakota Supreme Court
Appeal from District Court, Morton County, 8. L. Nuchols, J. From a judgment denying a peremptory writ of mandamus, plaintiff appeals. If a purchaser, at forced sale, is also a creditor having a prior lien to that of the redemptioner, other than the judgment (or lien) under which such purchase was made, the amount of such other lien, with interest, must also be paid by the redemptioner. There is no exception, and the statute must be strictly complied with. State ex rel.
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Appeal from District Court, Morton County, 8. L. Nuchols, J. From a judgment denying a peremptory writ of mandamus, plaintiff appeals. If a purchaser, at forced sale, is also a creditor having a prior lien to that of the redemptioner, other than the judgment (or lien) under which such purchase was made, the amount of such other lien, with interest, must also be paid by the redemptioner. There is no exception, and the statute must be strictly complied with. State ex rel. Brooks Bros. v. O’Connor, 6 N. D. 285, 69 N. W. 692. A redemptioner must not only pay the amount of the purchase price • and…
1Opinion of the CourtFisk, J.
This is an appeal from a judgment of the district court of Morton county, quashing an alternative writ of mandamus theretofore issued on the petition of plaintiff and appellant against the sheriff of said county. By such writ plaintiff sought to compel the defendant, as sheriff, to execute and deliver to him a sheriff’s deed to the premises described in the writ, pursuant to a mortgage foreclosure sale and a sheriff’s certificate issued to and held by plaintiff as the purchaser at such foreclosure sale. Prior to the expiration of the period allowed for redemption, one Wm. H. Brown, the owner…
2Cases cited3 opinions
- North Dakota Horse & Cattle Co. v. SerumgardNorth Dakota Supreme Court · 1908
- McDonald v. BeattyNorth Dakota Supreme Court · 1901
- Town of Bridgeport v. BlinnSupreme Court of Connecticut · 1876
3Cited by2 opinions
- O'Leary v. SchoenfeldNorth Dakota Supreme Court · 1915
- Warren v. SlaybaughNorth Dakota Supreme Court · 1931