Legal Opinion

Grebe v. Swords

North Dakota Supreme Court

Decided October 1, 1914PublishedCited by 14 opinions

Appeal from District Court of Pierce County, A. G. Bwr, J. Actions in equity to cancel certain mortgages of record for failure of consideration of tbe notes secured thereby. From a judgment in favor of each of the plaintiffs, defendant appeals. Statement by Fisk, J. The record on this appeal presents two distinct suits, — one by John' Grebe and the other by Louis Grebe, as plaintiffs against George W. Swords, as receiver of the First National Bank of Rugby, North'Dakota.

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Appeal from District Court of Pierce County, A. G. Bwr, J. Actions in equity to cancel certain mortgages of record for failure of consideration of tbe notes secured thereby. From a judgment in favor of each of the plaintiffs, defendant appeals. Statement by Fisk, J. The record on this appeal presents two distinct suits, — one by John' Grebe and the other by Louis Grebe, as plaintiffs against George W. Swords, as receiver of the First National Bank of Rugby, North'Dakota. These actions were brought to cancel and satisfy of record certain mortgages executed by the Grebes upon the lands…

1Opinion of the CourtFisk, J.

(after stating the facts as above). There are, as the writer views it, three main propositions involved in this litigation: First, Was there a failure of. consideration as to the notes and mortgages sought to be canceled ? If so, then,

Second, Did the First National Bank of Eugby acquire title to such paper in due course ? If not, then

Third, Are the plaintiffs estopped by their dealings with the bank from questioning the bank’s or the receiver’s title thereto ?

These propositions will be considered in the order above mentioned.

Appellant’s counsel strenuously contend that there was no failure of…

2Cases cited3 opinions

  1. Emerado Farmers Elevator Co. v. Farmers BankNorth Dakota Supreme Court · 1910
  2. Bank v. GarceauNorth Dakota Supreme Court · 1912
  3. Tronson v. Colby UniversityNorth Dakota Supreme Court · 1900

3Cited by14 opinions

  1. E. E. E., Inc. v. HansonNorth Dakota Supreme Court · 1982
  2. Scandinavian American Bank of Fargo v. WestbyNorth Dakota Supreme Court · 1918
  3. Hook v. CraryNorth Dakota Supreme Court · 1966
  4. Waters v. Byers Bros. & Co.Court of Appeals of Texas · 1921
  5. Cumnock-Reed Co. v. LewisCourt of Appeals of Kentucky (pre-1976) · 1939

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