Bailey v. Hendrickson
North Dakota Supreme Court
Appeal from a judgment of the District Court for Bottineau County, Leighton, J. Statement of Facts. This is an action brought January 20, 1910, to vacate a foreclosure sale by advertisement of a second mortgage given by Claude Smith Bailey, the plaintiff herein, upon the N. E. quarter of section 19, in township 163 N., range 83 W., in Bottineau county, and to he allowed to pay such mortgage. It is here for trial de novo.
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Appeal from a judgment of the District Court for Bottineau County, Leighton, J. Statement of Facts. This is an action brought January 20, 1910, to vacate a foreclosure sale by advertisement of a second mortgage given by Claude Smith Bailey, the plaintiff herein, upon the N. E. quarter of section 19, in township 163 N., range 83 W., in Bottineau county, and to he allowed to pay such mortgage. It is here for trial de novo. We find the facts to be: (1) That on the 21st day of August, 1.905, the plaintiff was the owner in fee of said premises, and that on that date he executed a second mortgage…
1Opinion of the Court
Spalding, Ch. J.
The trial court found that the sale was invalid, holding that the failure of defendant to record his assignment until the 6th day of March, 1908, the publication of the notice of sale in the Lansford Times, the purchase by the defendant for the sum of $113.32, in the absence of any bidders or bids at the sale, and permitting the tenant of the plaintiff to remain in possession after the sale, and to pay rent during the period for redemption to the plaintiff, without knowledge of the foreclosure on the part of either tenant or plaintiff, and in permitting plaintiff to pay…
2Cases cited14 opinions
- Clark v. SimmonsMassachusetts Supreme Judicial Court · 1890
- Richards v. HolmesSupreme Court of the United States · 1856
- Power v. LarabeeNorth Dakota Supreme Court · 1894
- North Dakota Horse & Cattle Co. v. SerumgardNorth Dakota Supreme Court · 1908
- Learned v. GeerMassachusetts Supreme Judicial Court · 1885
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3Cited by15 opinions
- First National Bank v. PaulsonNorth Dakota Supreme Court · 1939
- Lunde v. IrishNorth Dakota Supreme Court · 1923
- Principal Residential Mortgage, Inc. v. NashNorth Dakota Supreme Court · 2000
- First SEC. Bank, Underwood, ND v. EnyartNorth Dakota Supreme Court · 1989
- Michael v. GradyNorth Dakota Supreme Court · 1925
10 more not listed; retrieve them via the Exa API.