Legal Opinion

Merchants State Bank v. Tufts

North Dakota Supreme Court

Decided May 19, 1905PublishedCited by 14 opinions

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

  1. Mahoney v. BostwickCalifornia Supreme Court · 1892
  2. Ingalls and Stockman v. . MorganNew York Court of Appeals · 1854
  3. Meacham v. SteeleIllinois Supreme Court · 1879
  4. Union National Bank v. Moline, Milburn & Stoddard Co.North Dakota Supreme Court · 1897
  5. Wilson v. RussellCourt of Appeals of Maryland · 1859

13 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Omlie v. O'TooleNorth Dakota Supreme Court · 1907
  2. Aberle v. MerkelNorth Dakota Supreme Court · 1940
  3. Smith v. JensenNorth Dakota Supreme Court · 1907
  4. Walklin v. HorswillSouth Dakota Supreme Court · 1909
  5. Douglas County State Bank v. SteeleNorth Dakota Supreme Court · 1926

9 more not listed; retrieve them via the Exa API.

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