Jungkunz v. Comonow
North Dakota Supreme Court
Action to determine adverse claims in District Court, Ramsey County, Buttz, J. From a judgment in favor of tbe defendants the plaintiff has appealed and demands a trial de novo. Every transfer of an interest in property, other than in trust, made only as a security for the performance of another act, is to be deemed a mortgage, except when, in the case of personal property, it is accompanied by actual change of possession, in which case it is to be deemed a pledge. Civ.
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Action to determine adverse claims in District Court, Ramsey County, Buttz, J. From a judgment in favor of tbe defendants the plaintiff has appealed and demands a trial de novo. Every transfer of an interest in property, other than in trust, made only as a security for the performance of another act, is to be deemed a mortgage, except when, in the case of personal property, it is accompanied by actual change of possession, in which case it is to be deemed a pledge. Civ. Code 1883, § 1724; Bradley v. Helgerson, 14 S. D. 593, 86 N. W. 634; Comp. Laws 1913, § 4348; Langmaak v. Keith, 19 S. D.…
1Opinion of the CourtBronson, J.
This is an action to determine adverse claims to some 175 acres of land in Ramsey county. From á judgment quieting title in the defendants the plaintiff has appealed and demands a trial de novo. The facts substantially are as follows:
On November 9, 1886, a final receiver’s receipt of the United States was issued to one Louis Comonow. On November 10, 1886, said Comonow and his wife executed a trust deed to William Gr. Nixon, as trustee, and in case of death, absence, or inability of said Nixon to act, to Frank Davis, as trustee, and to William F. Baird, as beneficiary, to secure the sum of…
2Cases cited8 opinions
- Nash v. Northwest Land Co.North Dakota Supreme Court · 1906
- Pettit v. LouisNebraska Supreme Court · 1911
- Edworthy v. Iowa Savings & Loan Ass'nSupreme Court of Iowa · 1901
- Brown v. ComonowNorth Dakota Supreme Court · 1908
- Mears v. Somers Land Co.North Dakota Supreme Court · 1909
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3Cited by2 opinions
- Grandin v. GardinerNorth Dakota Supreme Court · 1954
- Wisness v. PanimanNorth Dakota Supreme Court · 1963