Prondzinski v. Garbutt
North Dakota Supreme Court
Appeal from District Court, Walsh County; Sauter, J. Action by Michael Prondzinski against James Garbutt. Verdict for plaintiff. From an order granting a new trial, he appeals. The right to redeem property sold on execution may be prolonged by parole agreement of the parties beyond the statutory period. Griffin v. Coffey, 50 Am.
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Appeal from District Court, Walsh County; Sauter, J. Action by Michael Prondzinski against James Garbutt. Verdict for plaintiff. From an order granting a new trial, he appeals. The right to redeem property sold on execution may be prolonged by parole agreement of the parties beyond the statutory period. Griffin v. Coffey, 50 Am. Dec. 519. It is a fraud for the purchaser to refuse to carry out his parole agreement after the redemption period has expired and equity will grant relief. Southard v. Pope, 9 B, Monroe 264; Adams v. Kable, 44 Am. Dec. 772; Wilson v. Eggleston, 27 Mich. 260; Laing v.…
1Opinion of the CourtYoung, J.
The complaint in this case in substance alleges that for some time prior to January 5, 1895, the plaintiff was the owner in fee of a certain 160 acres of land situate in Walsh county (particularly describing it) ; that said land was incumbered by several liens created by "his grantor, one -of which; being a mortgage to one W. R. Shepard, had been foreclosed by a sale of the land, and a sheriff’s certificate of sale issued to said Shepard at the date of such sale, to-wit: December 30, 1893; that in March thereafter the certificate of sale was assigned to the defendant, James Garbutt; *194that…
2Cases cited12 opinions
- Ryan v. . DoxNew York Court of Appeals · 1866
- Schroeder v. YoungSupreme Court of the United States · 1896
- Laing v. McKeeMichigan Supreme Court · 1865
- Beatty v. BrummettIndiana Supreme Court · 1884
- Huxley v. RiceMichigan Supreme Court · 1879
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Farmers State Bank v. AntonNorth Dakota Supreme Court · 1924
- Bell v. SmithSupreme Court of Florida · 1947
- Prondzinski v. GarbuttNorth Dakota Supreme Court · 1901
- Gresens v. MartinNorth Dakota Supreme Court · 1914
- Avery Manufacturing Co. v. CrumbNorth Dakota Supreme Court · 1905
9 more not listed; retrieve them via the Exa API.