Sarles v. McGee
North Dakota Supreme Court
PPEAL from district court, Stutsman county; Hon. ¥m. H. Francis, Judge. In April, 1883, defendent McGee, owner of part of section 4-149-67, mortgaged said land to appellant to secure payment of his note to her in sum of $1,900. At the same time he had a building on said premises insured against fire for $2,500, with loss payable to appellant.
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PPEAL from district court, Stutsman county; Hon. ¥m. H. Francis, Judge. In April, 1883, defendent McGee, owner of part of section 4-149-67, mortgaged said land to appellant to secure payment of his note to her in sum of $1,900. At the same time he had a building on said premises insured against fire for $2,500, with loss payable to appellant. In June, 1883, McGee mortgaged the same and other premises to plaintiffs to secure payment of $2,600. Both mortgages were recorded as soon as made. In October, 1883, the insured building was destroyed by fire. Neither plaintiffs’ nor appellant’s debt was…
1Opinion of the CourtCorliss, C. J.
Viewed in the light of the record, the plaintiffs sought and obtained against the defendant unwarranted re*367lief by invoking that equitable principle whose peculiar office it is to create a duty enforceable in a court of equity which a court of law does not recognize as of binding force. They prayed that they might be relieved from the injurious consequences of defendant’s alleged disregard of an equitable duty which they claimed she owed to them. Did she owe such duty? The facts, so far as disclosed by the record, compel a negative reply to this inquiry. Defendant held a first mortgage upon…
2Cases cited2 opinions
- Cheesebrough v. MillardNew York Court of Chancery · 1815
- Howard Insurance Co. v. . HalseyNew York Court of Appeals · 1853
3Cited by8 opinions
- Baird v. StubbinsNorth Dakota Supreme Court · 1929
- Knauss v. Miles Homes, Inc.North Dakota Supreme Court · 1969
- Holverson v. LundbergNorth Dakota Supreme Court · 2016
- Eynon v. ThompsonNorth Dakota Supreme Court · 1921
- Baird v. FischerNorth Dakota Supreme Court · 1928
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