Legal Opinion

Scott v. District Court of the Fifth Judicial District

North Dakota Supreme Court

Decided April 28, 1906PublishedCited by 24 opinions

Certiorari by W. A. Scott and H. O. Wheeler to the District Court of the Fifth Judicial District for the county of Barnes and others to review an injunction. The fact that an action to foreclose a mortgage by action is barred by the statute of limitations, in no way affects foreclosure by advertisement.

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Certiorari by W. A. Scott and H. O. Wheeler to the District Court of the Fifth Judicial District for the county of Barnes and others to review an injunction. The fact that an action to foreclose a mortgage by action is barred by the statute of limitations, in no way affects foreclosure by advertisement. Hayes v. Frey et al., 11 N. W. 695; Stevens v. Osgood et ah, 100 N. W. 161; Gulcher v. Brisben, 20 Minn. 453; Menz v. Hintil, 44 S. C. 385; Cone v. Hyatt, 44 S. E. 678. The act of the legislature, providing an ex parte injunctional order to restrain the foreclosure of a mortgage, is…

1Opinion of the CourtEngerud, J.

This is a writ of certiorari issued, by this court to inquire into the validity of an injunction order issued by the district court under section 5845, Revised Codes of 1899, to enjoin a foreclosure by advertisement of a real estate mortgage. This same injunctional order was sought to be reviewed on appeal, but we held that the order was not an appealable one. Tracy v. Scott, 101 N. W. 905, 13 N. D. 577. The mortgage in question was executed and recorded in November, 1882, and was given to secure the payment of a note for $700 and interest, due November 10, 1887. The mortgage contained the-…

2Cases cited9 opinions

  1. Antoni v. GreenhowSupreme Court of the United States · 1883
  2. Jones v. Fidelity Loan & Trust Co.South Dakota Supreme Court · 1895
  3. Conkey v. . HartNew York Court of Appeals · 1856
  4. McCann v. Mortgage, Bank & Investment Co.North Dakota Supreme Court · 1893
  5. Tracy v. ScottNorth Dakota Supreme Court · 1904

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3Cited by24 opinions

  1. Davis v. SavageNew Mexico Supreme Court · 1946
  2. Mevorah v. GoodmanNorth Dakota Supreme Court · 1954
  3. Folmer v. StateNorth Dakota Supreme Court · 1984
  4. National Tailoring Co. v. ScottWyoming Supreme Court · 1948
  5. First National Bank v. PaulsonNorth Dakota Supreme Court · 1939

19 more not listed; retrieve them via the Exa API.

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