Sommers v. Wagner
North Dakota Supreme Court
Appeal from District Court, Rolette county; Cowan, Judge. Action by George Sommers against C. M. Wagner and others. From a judgment for plaintiff, defendants appeal. Exception against encumbrances does not except against covenants of warranty. Smith v. Gaub, 19 N. D. 337, 123-N. W. 827; Howells v. Richards, 11 East, 633, 11 Revised Rep. 287; Estabrook v. Smith, 6 Gray, 572, 66 Am. Dec. 445; Sandwich Mfg.
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Appeal from District Court, Rolette county; Cowan, Judge. Action by George Sommers against C. M. Wagner and others. From a judgment for plaintiff, defendants appeal. Exception against encumbrances does not except against covenants of warranty. Smith v. Gaub, 19 N. D. 337, 123-N. W. 827; Howells v. Richards, 11 East, 633, 11 Revised Rep. 287; Estabrook v. Smith, 6 Gray, 572, 66 Am. Dec. 445; Sandwich Mfg. Co. v. Zellmer, 48 Minn. 408, 51 N. W. 379; Welbon v. Welbon, 109 Mich. 356, 67 N. W. 338; Rooney v. Koenig, 80 Minn. 483, 83 N. W. 399; Weeks v. Grace, 194 Mass. 296, 9 L.R.A.(N.S.) 1092, 80…
1Opinion of the CourtGoss, J.
This is an appeal from the district court of Kolette county from a judgment for foreclosure of a mortgage entered in favor of plaintiff and against defendants and appellants. Briefly recited, the facts are that C. M. Wagner owned a quarter section of land of the value of at least $2,000, which he and wife had mortgaged to one McWilliams, securing the payment of $400, due January 1, 1904, as evidenced by a promissory note executed by Wagner and wife to McWilliams, and which mortgage was duly recorded April 17, 1903, in the office of the register of deeds of said county; that thereafter Wagner…
2Cases cited25 opinions
- Jasper v. HazenNorth Dakota Supreme Court · 1894
- Clark v. BakerCalifornia Supreme Court · 1860
- Sandwich Mfg. Co. v. ZellmerSupreme Court of Minnesota · 1892
- McGuin v. LeeNorth Dakota Supreme Court · 1901
- Mickles v. . TownsendNew York Court of Appeals · 1859
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3Cited by4 opinions
- McDonald v. FinsethNorth Dakota Supreme Court · 1915
- Aure v. MacKoffNorth Dakota Supreme Court · 1958
- Merchants National Bank of Fargo v. MillerNorth Dakota Supreme Court · 1930
- Rasnic v. ConocoPhillips Co.North Dakota Supreme Court · 2014