Harvison v. Griffin
North Dakota Supreme Court
Appeal from the District Court of Stutsman County, Coffey, J. iFrom a judgment in plaintiff’s favor, defendant J. I. Case Threshing Machine Company appeals.
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Appeal from the District Court of Stutsman County, Coffey, J. iFrom a judgment in plaintiff’s favor, defendant J. I. Case Threshing Machine Company appeals. Where one has a mortgage on several tracts of land, and subsequent "thereto the mortgagor mortgages a portion thereof to another party, "and the first mortgagee- has notice of the interest and mortgage of the subsequent mortgagee, tbe law places upon the first mortgagee the duty to so conduct himself with reference to his first mortgage as not to impair the security of the subsequent incumbrancer. Rev. Codes 1905, §§ 4690, 6140, Comp.…
1Opinion of the Court
Fisk, Ch. J.
This litigation arose in the district court of Stutsman county and comes here for trial de novo. The question for decision is whether defendant, J. I. Case Threshing Machine Company, possesses the right which it attempts to assert of compelling plaintiff to marshal the securities covered by his mortgage. None of the material facts are in dispute. Briefly stated, they are as follows: On December 26, 1906, defendants Louisa B. and Thomas P. Griffin being the owners of all of section 33, and the S.E.|- and S.-£ of N.W.J of section 27, township 137, range 67, mortgaged the same to one…
2Cases cited9 opinions
- North Dakota Horse & Cattle Co. v. SerumgardNorth Dakota Supreme Court · 1908
- Manning v. . MonaghanNew York Court of Appeals · 1861
- Belleville Savings Bank v. ReisIllinois Supreme Court · 1891
- Union National Bank v. Moline, Milburn & Stoddard Co.North Dakota Supreme Court · 1897
- Hull v. . CarnleyNew York Court of Appeals · 1858
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3Cited by13 opinions
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- Farm Mortgage Loan Co. v. PettetNorth Dakota Supreme Court · 1924
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- Douglas County State Bank v. SteeleNorth Dakota Supreme Court · 1926
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