Merchants State Bank v. Tufts
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Action by the Merchants State Bank of Fargo against DeWitt Clinton Tufts and others. Judgment for plaintiff, and defendants appeal. . Under statutes like chapter 152, Laws of 1903, a judgment creditor is on the same footing as a purchaser. Minneapolis & St. L. Ry. Co. v. Wilson, 25 Minn. 382 (Gil.) ; Wells v. Baldwin, 10 N. W. 427; Bank of Ada v. Gullikson, 66 N. W. 131; Wilcox v. Loominister Nat.
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Appeal from District Court, Cass county; Pollock, J. Action by the Merchants State Bank of Fargo against DeWitt Clinton Tufts and others. Judgment for plaintiff, and defendants appeal. . Under statutes like chapter 152, Laws of 1903, a judgment creditor is on the same footing as a purchaser. Minneapolis & St. L. Ry. Co. v. Wilson, 25 Minn. 382 (Gil.) ; Wells v. Baldwin, 10 N. W. 427; Bank of Ada v. Gullikson, 66 N. W. 131; Wilcox v. Loominister Nat. Bank, 45 N. W. 1136. Judgment creditors, being same as purchasers, and having no notice of parol mortgage conditions relative to a deed of…
1Opinion of the CourtMorgan, C. J.
This is an action to have a deed of real estate declared a mortgage, and for the foreclosure thereof. The facts are that one Tufts was indebted to the plaintiff on and prior to November 10, 1902, in the sum of $7,307.37. On that day Tufts and bis wife made and delivered to the plaintiff the deed in suit, for the purpose of securing the payment of a note for that sum, given on that day. This deed was not recorded until October 28, 1903, and was then recorded as a deed, and not as a mortgage. On November 10, 1902, Tufts also made and delivered to the plaintiff a chattel mortgage on property…
2Cases cited18 opinions
- Mahoney v. BostwickCalifornia Supreme Court · 1892
- Ingalls and Stockman v. . MorganNew York Court of Appeals · 1854
- Meacham v. SteeleIllinois Supreme Court · 1879
- Union National Bank v. Moline, Milburn & Stoddard Co.North Dakota Supreme Court · 1897
- Wilson v. RussellCourt of Appeals of Maryland · 1859
13 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Omlie v. O'TooleNorth Dakota Supreme Court · 1907
- Aberle v. MerkelNorth Dakota Supreme Court · 1940
- Smith v. JensenNorth Dakota Supreme Court · 1907
- Walklin v. HorswillSouth Dakota Supreme Court · 1909
- Douglas County State Bank v. SteeleNorth Dakota Supreme Court · 1926
9 more not listed; retrieve them via the Exa API.