Legal Opinion

Colonial & United States Mortgage Co. v. Flemington

North Dakota Supreme Court

Decided May 1, 1905PublishedCited by 7 opinions

Appeal from District Court, Dickey county; Lauder, J. Action by the Colonial & United States Mortgage Company, Limited, against Alex. D. Flemington and George Schaller. Judgment for defendants, and plaintiff appeals. If mortgagor dies before the cause of action accrues, the statute of limitations will not begin to run against the debt before the appointment of an administrator, as, until that time, there is no one to be sued and the cause of action cannot accrue.

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Appeal from District Court, Dickey county; Lauder, J. Action by the Colonial & United States Mortgage Company, Limited, against Alex. D. Flemington and George Schaller. Judgment for defendants, and plaintiff appeals. If mortgagor dies before the cause of action accrues, the statute of limitations will not begin to run against the debt before the appointment of an administrator, as, until that time, there is no one to be sued and the cause of action cannot accrue. Etter v. Finn, 12 Ark. 632; Hobart v. Turnpike Co., 15 Conn. 145; Andrews v. R. R, Co., 34 Conn. 57; Conyers v. Kennon, 1 Ga. 379;…

1Opinion of the CourtEngerud, J.

On November 23, 1883, William R. Carey made and delivered to the plaintiff a mortgage of a quarter section of land owned by him in Dickey county, to secure the payment of his promissory note to the plaintiff, of even date, for $353, due November 1, 1888, bearing interest at’ the rate of 6^2 per cent per annum, and to secure five coupon notes for the annual interest on the principal note. The coupon notes bear interest at the rate of 12 per cent per annum after maturity. The mortgagor died intestate in September, 1888, seized of the mortgaged land, and left surviving him, as sole heirs, four…

2Cases cited1 opinion

  1. Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905

3Cited by7 opinions

  1. Adams & Freese Co. v. KenoyerNorth Dakota Supreme Court · 1908
  2. Boschker v. Van BeekNorth Dakota Supreme Court · 1909
  3. Fox v. NelsonNorth Dakota Supreme Court · 1915
  4. McGee v. MarshallNorth Dakota Supreme Court · 1926
  5. Pratt v. PrattNorth Dakota Supreme Court · 1915

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