O'Leary v. Schoenfeld
North Dakota Supreme Court
Appeal from the District Court of Mercer County, Nuchols, J. Action to determine adverse claims to real property. Judgment of dismissal. Plaintiff appeals. Statement of facts by Bruce, J. This is an action to quiet title to a half section of land in Mercer county, North Dakota. A judgment was entered dismissing the complaint, and a trial de novo is requested. The original owner of the half section appears to have been one J. PI. Babcock.
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Appeal from the District Court of Mercer County, Nuchols, J. Action to determine adverse claims to real property. Judgment of dismissal. Plaintiff appeals. Statement of facts by Bruce, J. This is an action to quiet title to a half section of land in Mercer county, North Dakota. A judgment was entered dismissing the complaint, and a trial de novo is requested. The original owner of the half section appears to have been one J. PI. Babcock. On the 15th day of August, 1907, Babcock mortgaged the laud to A. D. Clark & Company to secure the payment of a debt of $1,280. This mortgage was recorded on…
1Opinion of the CourtBruce, J.
(after stating the facts as above). The main question 'which is presented to us for determination is this: A. D. Clark & Company, holder of a $640 first mortgage, foreclosed, and the Dayton-Clark Land Company, holder of a second mortgage for $1,600, purchased at the sale for $732.35. Later the plaintiff’s grantor, the Moody County Bank and the holder of a third mortgage, which by its terms was subject to the first and second mortgages before mentioned, attempted to redeem from the Dayton-Clarlc Land Company, without *382paying or offering to pay in addition to the sum called for by tbe sale and…
2Cases cited11 opinions
- North Dakota Horse & Cattle Co. v. SerumgardNorth Dakota Supreme Court · 1908
- Waterman v. Chicago & Alton RailroadWisconsin Supreme Court · 1892
- Hebden v. BinaNorth Dakota Supreme Court · 1908
- State ex rel. Brooks Bros. v. O'ConnorNorth Dakota Supreme Court · 1896
- Knight v. FairCalifornia Supreme Court · 1858
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. RosenquistNorth Dakota Supreme Court · 1952
- Furst & Thomas v. ElliottIdaho Supreme Court · 1936
- Moormeister v. Golding, Director of Registration Dept.Utah Supreme Court · 1933
- Lowell, Execx. v. ArnettSupreme Court of Colorado · 1939
- Warren v. SlaybaughNorth Dakota Supreme Court · 1931