Sargent v. Cooley
North Dakota Supreme Court
Appeal from the District Court, Grand Forks comity. Fisk, J. Action by F. S. Sargent, as receiver of'the Security Trust Company, against John E. Cooley and Minnie E. Clifford. Judgment for defendants, and plaintiff appeals. Proof to break down a mortgage must be “clear, satisfactory and specific, and of such a character as to leave in the mind of the Chancellor no hestitation or substantial doubt.”
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Appeal from the District Court, Grand Forks comity. Fisk, J. Action by F. S. Sargent, as receiver of'the Security Trust Company, against John E. Cooley and Minnie E. Clifford. Judgment for defendants, and plaintiff appeals. Proof to break down a mortgage must be “clear, satisfactory and specific, and of such a character as to leave in the mind of the Chancellor no hestitation or substantial doubt.” McGnin v. Lee, 10 N. D. 160, 86 N. W, 717. Under the statute of this state, “A grant cannot be delivered to the grantee conditionally. Delivery to him, or his agent, as such, is necessarily…
1Opinion of the CourtWallin, C. J.
This action is brought to foreclose a mortgage upon real estate, which mortgage was executed by the defendant, John E. Cooley, and delivered by him to the Security Trust Company ; and, upon its face, the mortgage purports to secure a promissory note for $500, dated December 20', 1893, which note was executed by said Cooley, and was by him delivered at the date of its -execution to the Security Trust Company. After a trial without a jury, the district court entered a money judgment against defendant Cooley *4for the amount claimed in the complaint; but it was'further adjudged by that court in…
2Cases cited5 opinions
- Mowry v. HeneyCalifornia Supreme Court · 1890
- Lowber v. ConnitWisconsin Supreme Court · 1874
- National German American Bank v. LangNorth Dakota Supreme Court · 1891
- First National Bank v. PriorNorth Dakota Supreme Court · 1901
- Red River Valley National Bank v. BarnesNorth Dakota Supreme Court · 1899
3Cited by19 opinions
- First State Bank v. KellyNorth Dakota Supreme Court · 1915
- Adams v. Little Missouri Minerals AssociationNorth Dakota Supreme Court · 1966
- E. E. E., Inc. v. HansonNorth Dakota Supreme Court · 1982
- Wadge v. KittlesonNorth Dakota Supreme Court · 1903
- Carter v. CarterNorth Dakota Supreme Court · 1905
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