State ex rel. Forest Lake State Bank v. Herman
North Dakota Supreme Court
Appeal from District Court of Morton' County, W. L. Nuessle, Special Judge. Where property has been sold under execution or mortgage, and redeemed by a redemptioner, another redemptioner may redeem from such lost redemptioner, even after the expiration of one year, provided his redemption is made within sixty days after the last redemption. Comp. Daws 1913, §§ 7753, 7755, 8085; State ex rel.
Read the full summary
Appeal from District Court of Morton' County, W. L. Nuessle, Special Judge. Where property has been sold under execution or mortgage, and redeemed by a redemptioner, another redemptioner may redeem from such lost redemptioner, even after the expiration of one year, provided his redemption is made within sixty days after the last redemption. Comp. Daws 1913, §§ 7753, 7755, 8085; State ex rel. Brooks Bros, v. O’Connor, 6 N. D. 285, 69 N. W. 692. Upon the expiration of the period of redemption, the proper officer must make and give' to the purchaser or to the then holder of the certificate of…
1Opinion of the CourtBirdzell, J.
This is an appeal from a judgment of the district court of Morton county denying a writ of mandamus and dismissing the petition. The petition prayed the issuance of a writ directed to the defendant, Chas. Herman, sheriff of Oliver County, requiring him to execute sheriff’s deeds to the relator, covering certain lands which the relator claimed to have redeemed from execution and foreclosure sales in circumstances that will appear in the following brief statement of the essential facts:
One Charles L. Wright was the owner of 160 acres of land, which he mortgaged in the year 1909 by executing two…
2Cases cited13 opinions
- North Dakota Horse & Cattle Co. v. SerumgardNorth Dakota Supreme Court · 1908
- Robertson v. Van CleaveIndiana Supreme Court · 1891
- Parker v. DacresSupreme Court of the United States · 1889
- Hubble v. BerryIndiana Supreme Court · 1913
- Hedlin v. LeeNorth Dakota Supreme Court · 1911
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Martinson v. First National Bank of Oakes (In Re Martinson)District Court, D. North Dakota · 1983
- Geo. B. Clifford & Co. v. HenryNorth Dakota Supreme Court · 1918
- Merchants National Bank of Fargo v. MillerNorth Dakota Supreme Court · 1930
- State v. Amerada Petroleum CorporationNorth Dakota Supreme Court · 1955
- Kulm Credit Union v. HarterNorth Dakota Supreme Court · 1968
9 more not listed; retrieve them via the Exa API.