Power v. Larabee
North Dakota Supreme Court
Appeal from District Court, Barnes County; Rose, J. Action by J. B. Power against J. D. Larabee to cancel a certificate of redemption of land sold on execution. From an order vacating the sale, plaintiff appeals. A statutory direction to sell land on execution in parcels, where it consists of distinct tracts is directory merely and not peremptory. A sale en masse is voidable but not void and a motion to vacate the sale comes too late after the year of redemption.
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Appeal from District Court, Barnes County; Rose, J. Action by J. B. Power against J. D. Larabee to cancel a certificate of redemption of land sold on execution. From an order vacating the sale, plaintiff appeals. A statutory direction to sell land on execution in parcels, where it consists of distinct tracts is directory merely and not peremptory. A sale en masse is voidable but not void and a motion to vacate the sale comes too late after the year of redemption. Freeman on Ex. 296; Griswold v. Stoughton, 84 Am. Dec. 409-403; Cunningham v. Cassidy, 17 N. Y. 276; Smith v. Randall, 6 Cal. 47;…
1Opinion of the CourtCorliss, J.
The appeal is from an order vacating an execution sale of real estate. At the sale the plaintiff in the execution bid in the property for $96. One of the grounds on which the validity of the sale is attacked is the inadequacy of the price for which the'property was sold. There was over 1,700 acres sold at the sale, and it appears that the land was worth at least $4 an acre. That this in adequacy is so gross as to shock the conscience cannot be doubted. In addition it appears that the sheriff of the sale utterly failed to comply with the statute which requires him to offer the land for sale in…
2Cases cited39 opinions
- Graffam v. BurgessSupreme Court of the United States · 1886
- Union Mutual Life Insurance v. WhiteIllinois Supreme Court · 1883
- Love v. CherrySupreme Court of Iowa · 1868
- Bean v. Haffendorfer Bros.Court of Appeals of Kentucky · 1887
- Learned v. GeerMassachusetts Supreme Judicial Court · 1885
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3Cited by34 opinions
- Kelly v. CarmichaelSupreme Court of Alabama · 1928
- Wells County v. McHenryNorth Dakota Supreme Court · 1898
- North Dakota Horse & Cattle Co. v. SerumgardNorth Dakota Supreme Court · 1908
- Thomas v. ThomasMontana Supreme Court · 1911
- Lang v. BarriosNorth Dakota Supreme Court · 1991
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