Brown v. Smith
North Dakota Supreme Court
Appeal from District Court, Benson county; Cowan, J. Action by W. I. Brown against J. C. Smith and Russell & Co. Judgment for plaintiff. Defendants appeal. The holder of a second chattel mortgage is not an assignee under the provisions of section 5849, and could only redeem the mortgage debt, and this he could not do after a foreclosure sale.
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Appeal from District Court, Benson county; Cowan, J. Action by W. I. Brown against J. C. Smith and Russell & Co. Judgment for plaintiff. Defendants appeal. The holder of a second chattel mortgage is not an assignee under the provisions of section 5849, and could only redeem the mortgage debt, and this he could not do after a foreclosure sale. Martin v. Fridley, 23 Minn. 13; Collins v. Riggs, 14 Wall. 491, 20 L. Ed. 723 ; Gage v. Brewster, 31 N. Y. 218. Notice of intent to- redeem was not given in time. Mortgagor or his assignee can only -redeem -at the time of sale, not after. Plaintiff’s…
1Opinion of the CourtEngerud, J.
This is an action to recover the possession of a threshing engine, of which the plaintiff claims to be the owner, and which it is alleged the defendants wrongfully withhold. The defendants deny plaintiff’s -ownership and right .to possession, and allege .title in the defendant Russell & Co. The issues were submitted to a jury for trial, and the only evidence offered was certain stipulated facts. Plaintiff’s motion for a directed verdict in his *582favor was granted, and judgment was entered accordingly. The defendants have appealed from the judgment, and assign errors on a statement of the case.
It…
2Cases cited2 opinions
- Brown v. Crookston Agricultural Ass'nSupreme Court of Minnesota · 1886
- Nichols v. TingstadNorth Dakota Supreme Court · 1901
3Cited by11 opinions
- Pool v. SneedCourt of Appeals of Texas · 1943
- Swallow v. First State BankNorth Dakota Supreme Court · 1917
- Smith v. Widmann Hotel Co.South Dakota Supreme Court · 1951
- Dockter v. Sheridan CountyNorth Dakota Supreme Court · 1943
- Harth v. St. Paul Cattle Loan Co.North Dakota Supreme Court · 1922
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