First National Bank of Casselton v. Casselton Realty & Investment Co.
North Dakota Supreme Court
From a judgment of the District Court of Cass County, Cole, J., defendant Gilbert appeals. Where a deed was under consideration which contained a proper certificate of acknowledgment and notary’s seal, but the certificate was unsigned by the notary, the court held that it did not create a valid encumbrance on the real property. Davis v. Hale (Ark.) Ann.
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From a judgment of the District Court of Cass County, Cole, J., defendant Gilbert appeals. Where a deed was under consideration which contained a proper certificate of acknowledgment and notary’s seal, but the certificate was unsigned by the notary, the court held that it did not create a valid encumbrance on the real property. Davis v. Hale (Ark.) Ann. Cas. 1916D, 704. An acknowledgment was insufficient which did not recite that the persons making it were known tó be the president and secretary of the corporation which purported to make the assignment of a mortgage. Holt v. Metropolitan…
1Opinion of the Court
Christianson, Oh. J.
Plaintiff brought this action to foreclose a certain real estate mortgage, which it is alleged was executed and delivered by the defendant Casselton Realty & Investment Company to C. H. Anheier, as receiver of the plaintiff bank on December 23, 1915, and subsequently assigned by said Anheier to the plaintiff. In its complaint the plaintiff also alleged that the defendant Gilbert has or claims some right or interest in the property described in the mortgage adverse to the plaintiff. The defendant Gilbert, in his answer, assails the validity of the mortgage. He avers that…
2Cases cited8 opinions
- Duke v. . MarkhamSupreme Court of North Carolina · 1890
- McCoy v. DavisNorth Dakota Supreme Court · 1917
- Bennett v. KnowlesSupreme Court of Minnesota · 1896
- Mott v. HolbrookNorth Dakota Supreme Court · 1914
- Goss v. HermanNorth Dakota Supreme Court · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Great American Indemnity Co. v. Utility Contractors, Inc.Court of Appeals of Tennessee · 1937
- Drewes v. Security State Bank of Wishek (In Re Nies)United States Bankruptcy Court, D. North Dakota · 1995
- Messersmith v. SmithNorth Dakota Supreme Court · 1953
- J. I. Case Co. v. Sax Motor Co.North Dakota Supreme Court · 1934
- Edenfield v. WingardSupreme Court of Florida · 1956
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