McCann v. Mortgage, Bank & Investment Co.
North Dakota Supreme Court
Appeals from District Court, Bottineau County; Morgan, J. The facts fully appear in the following statement by Wallin, J. An appeal to this court is taken in each of the above entitled matters by the Mortgage, Bank & Investment Company, which company is the mortgagee in all of the above mentioned mortgages..
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Appeals from District Court, Bottineau County; Morgan, J. The facts fully appear in the following statement by Wallin, J. An appeal to this court is taken in each of the above entitled matters by the Mortgage, Bank & Investment Company, which company is the mortgagee in all of the above mentioned mortgages.. The several appeals are from orders of the District Court for Bottineau County, denying appellant’s application to set aside previous orders made by the judge of said court. The opinion below is based upon the record in the McCann appeal, but the controlling facts and governing principles…
1Opinion of the Court
Wallin, J.,
(after stating the facts as above.) This proceeding originated under the proviso embraced in § 5411, Comp. Laws, regulating foreclosures of mortgages by advertisement. The proviso is as follows: “Provided, that when the mortgagee or his assignee has commenced procedure by advertisement, and it shall be made to appear by affidavit of the mortgagor, his agent or attorney, to the satisfaction of the Judge of the District Court of the county where the mortgaged property is situated, that the mortgagor has a legal counterclaim, or any other valid defense, against the collection of the…
2Cases cited5 opinions
- United States v. UlriciU.S. Circuit Court for the District of Eastern Missouri · 1875
- Commonwealth v. DesmondMassachusetts Supreme Judicial Court · 1877
- Commercial Nat. Bank v. SmithSouth Dakota Supreme Court · 1890
- National Bank v. LemkeNorth Dakota Supreme Court · 1893
- Edwards & McCulloch Lumber Co. v. BakerNorth Dakota Supreme Court · 1893
3Cited by15 opinions
- Scott v. District Court of the Fifth Judicial DistrictNorth Dakota Supreme Court · 1906
- Mevorah v. GoodmanNorth Dakota Supreme Court · 1954
- Folmer v. StateNorth Dakota Supreme Court · 1984
- Lindsay v. Teamsters Union, Local No. 74North Dakota Supreme Court · 1959
- Beiseker v. SvendsgaardNorth Dakota Supreme Court · 1914
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