Brown v. Skotland
North Dakota Supreme Court
Appeal from District Court, Bottineau county; Morgan, J. Action by William H. Brown against Theodore Skotland and-others to foreclose a certain mortgage upon real property. From a. judgment in favor of defendant Skotland, plaintiff appeals. The ¡power of attorney was a power coupled with an interest. It was for the benefit of the Mortgage Bank & Investment Company; and being for the benefit of another than the author it was coupled with an interest, and survived its author.
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Appeal from District Court, Bottineau county; Morgan, J. Action by William H. Brown against Theodore Skotland and-others to foreclose a certain mortgage upon real property. From a. judgment in favor of defendant Skotland, plaintiff appeals. The ¡power of attorney was a power coupled with an interest. It was for the benefit of the Mortgage Bank & Investment Company; and being for the benefit of another than the author it was coupled with an interest, and survived its author. Rev. Codes 1899, section 3403. The application and agreement are to be construed together. They authorized the…
1Opinion of the Court
Fisic, District Judge.
This is an action commenced for the purpose of foreclosing a certain mortgage upon real property, which mortgage was dated the 22d day of May, 1889, and given for the purpose of securing a note dated on said day for the sum of $632.50. The facts as found by the trial court must be accepted as true, as no statement of the case was settled, and we are therefore called upon only to determine whether or not the conclusions of law made by the trial court are warranted by the facts as found. The facts, briefly stated, are as follows: On December 24, 1888, one Thomas Halverson…
2Cases cited9 opinions
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
- Barr v. SchroederCalifornia Supreme Court · 1867
- Blackstone v. ButtermoreSupreme Court of Pennsylvania · 1867
- Norton v. WhiteheadCalifornia Supreme Court · 1890
- Grandin v. EmmonsNorth Dakota Supreme Court · 1901
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