Clement v. Shipley
North Dakota Supreme Court
PPPJAL from district court, Stutsman county; Hon. Roderick Rose, Judge. Action by Foster R. Clement against F. H. Shipley to recover rent. Judgment for plaintiff on demurrer to the answer. Defendant appeals. After a mortgage sale and before the purchaser is entitled to a deed, the rents belong to the owner of the equity of redemprtion. Aster v. Turner, 43 Amer.
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PPPJAL from district court, Stutsman county; Hon. Roderick Rose, Judge. Action by Foster R. Clement against F. H. Shipley to recover rent. Judgment for plaintiff on demurrer to the answer. Defendant appeals. After a mortgage sale and before the purchaser is entitled to a deed, the rents belong to the owner of the equity of redemprtion. Aster v. Turner, 43 Amer. Dec. 766; Cheney v. Woodruff, 45 N. Y. 101. The code provisions of this state are identical with California and the statute has been construed in that state in Reynolds v. Lathrop, 7 Cal. 43; Harris v. Reynolds, 31 Cal. 514; Knight v.…
1Opinion of the Court
The opinion of the court was delivered by
Corliss, C. J.
The judgment in favor of the plaintiff was rendered upon demurrer by plaintiff to defendant’s answer, on the ground that the answer did not state a defense. That judgment is here for review. The facts, which under the pleadings are undisputed, fully warranted the judgment rendered by the trial court. The plaintiff at foreclosure sale purchased certain premises. The foreclosure was by advertisement under the statute. At the time of the sale the defendant was in the possession of the premises as lessee of the mortgagor. The rent he agreed…
2Cases cited3 opinions
- Walker v. McCuskerCalifornia Supreme Court · 1887
- Reynolds v. LathropCalifornia Supreme Court · 1857
- Knight v. TruettCalifornia Supreme Court · 1861
3Cited by10 opinions
- Hardy v. HerriottWashington Supreme Court · 1895
- Whithed v. St. Anthony & Dakota Elevator Co.North Dakota Supreme Court · 1900
- Rudolph v. HermanSouth Dakota Supreme Court · 1893
- Geo. B. Clifford & Co. v. HenryNorth Dakota Supreme Court · 1918
- Kuiper v. MillerNorth Dakota Supreme Court · 1925
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