Rolette County Bank v. Hanlyn
North Dakota Supreme Court
Appeal from the District Court of Rolette County, Butts, J. The positions of the vendor and purchaser, are analagous to that of a mortgagee and mortgagor, and identical with that in which the mortgagee takes a deed .as security for the performance of the mortgagor’s obligations.
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Appeal from the District Court of Rolette County, Butts, J. The positions of the vendor and purchaser, are analagous to that of a mortgagee and mortgagor, and identical with that in which the mortgagee takes a deed .as security for the performance of the mortgagor’s obligations. Miller v. Shelburn, 15 N. D. 182, 107 N. W. 51; Jewett, v. Black, 82 N. W. 375, 60 Neb. 173, Dorsey v. Hall, 7 Neb. 460. In re Boyle’s estate, 134 N. W. 590, 128 la. 551; Phillis v. Gross, 143 N. W. 473, 32 S. D. 438; McCreary v. McGregor, (Iowa) 167 N. W. 633; Ried v. Gorman, 158 N. W. 780, 37 S. D. 314; Shraiberg v.…
1Opinion of the CourtBirdzell, J.
This is an appeal from an order sustaining the separate *74demurrer of the defendant, William H. Allen, to the complaint upon the ground that the complaint did not state facts sufficient to constitute a cause of action against him. The action is one brought primarily to charge land purchased by Allen with a lien in favor of the plaintiff, securing a note purchased by the latter from Thomas J. Clifford, the former owner of the land. The facts pleaded in the complaint, so far as material to the legal question presented upon this appeal, are as follows:
On October 5, 1916, Thomas Clifford was the…
2Cases cited30 opinions
- Connecticut Mutual Life Insurance v. TalbotIndiana Supreme Court · 1887
- Williams v. JacksonSupreme Court of the United States · 1883
- Wilson v. WallSupreme Court of the United States · 1867
- Ogle v. TurpinIllinois Supreme Court · 1881
- Henderson v. PilgrimTexas Supreme Court · 1858
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