Past v. Rennier
North Dakota Supreme Court
Appeal from tbe District Court of Stutsman County, Coffey, J. By foreclosure of mortgage, title passes from tbe mortgagor to tbe purchaser, but subject to tbe right of creditors of tbe mortgagor to enforce their liens upon it.
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Appeal from tbe District Court of Stutsman County, Coffey, J. By foreclosure of mortgage, title passes from tbe mortgagor to tbe purchaser, but subject to tbe right of creditors of tbe mortgagor to enforce their liens upon it. Tbe senior creditor, in tbe order and under tbe. conditions prescribed by statute, by paying to tbe purchaser tbe purchase price, with interest, may redeem and become subrogated to bis rights, and so on, — tbe last redemptioner becoming tbe owner in fee. Tbe object of tbe statute is to have tbe property applied as far as it may or can be, in satisfaction of tbe -debts…
1Opinion of the CourtBurke, J.
The facts in this case were somewhat complicated, and pretty largely in dispute. In stating the same, we give all the undisputed facts and some of the minor disputed ones, which are decided without setting forth the evidence or our reasoning therefor, but the major disputes will be treated later. On December 27, 1907, plaintiff, Past, was the owner of twelve and one-half lots situated in the city of Jamestown, and mostly improved property. Upon that date, he and his wife executed a mortgage upon said property to one B. J. Trimble securing the payment of $4,000. This loan was negotiated by the…
2Cases cited4 opinions
- Power v. LarabeeNorth Dakota Supreme Court · 1894
- Warren v. StinsonNorth Dakota Supreme Court · 1896
- Higbee v. DaeleyNorth Dakota Supreme Court · 1906
- Marin v. PotterNorth Dakota Supreme Court · 1906
3Cited by4 opinions
- State ex rel. Forest Lake State Bank v. HermanNorth Dakota Supreme Court · 1917
- Earnest v. First National BankNorth Dakota Supreme Court · 1927
- St. Paul Trust & Savings Bank v. OlsonNorth Dakota Supreme Court · 1924
- Jongewaard v. GesquireNorth Dakota Supreme Court · 1924