Tracy v. Scott
North Dakota Supreme Court
Appeal from District Coubt, Barnes county; Glaspell, J. Action by John Tracy against W. A. Scott and H. O. Wheeler. Judgment for plaintiff and defendants appeal.
1Opinion of the CourtEngerud, J.
Appellants commenced proceedings to foreclose a mortgage of real property by advertisement under the power of sale contained in the mortgage. The respondent obtained from the 'judge of the district court an order enjoining further proceedings under the power of sale. The order was applied for and issued under the provisions of section 5845, Rev. Codes 1899, which provides, in substance, thac when, in case of foreclosure by advertisement, it shall be made to appear to the satisfaction of the judge of the district court by affidavit of the mortgagor, his agent or attorney, that the. mortgagor…
2Cases cited7 opinions
- In re EatonNorth Dakota Supreme Court · 1898
- Myrick v. McCabeNorth Dakota Supreme Court · 1896
- Carruth v. TaylorNorth Dakota Supreme Court · 1898
- State ex rel. Edwards v. DavisNorth Dakota Supreme Court · 1892
- McCann v. Mortgage, Bank & Investment Co.North Dakota Supreme Court · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Scott v. District Court of the Fifth Judicial DistrictNorth Dakota Supreme Court · 1906
- Whitney v. RitzNorth Dakota Supreme Court · 1913
- Beiseker v. SvendsgaardNorth Dakota Supreme Court · 1914
- Liland v. TwetoNorth Dakota Supreme Court · 1910
- Olson v. MattisonNorth Dakota Supreme Court · 1907
7 more not listed; retrieve them via the Exa API.