Swiden v. Hasn
North Dakota Supreme Court
Action in District Court, McIntosh County, to determine adverse claims. From a judgment in favor of the plaintiff the defendants Hasn and Jones have appealed and demand a trial de novo. It is not necessary that the person signing actually himself affix his signature. If he simply touch the pen or even the hand of another, and the cross is made by his direction or with his acquiescence, the signing is sufficient. Bartlett v. Drake, 100 Mass. 17 5, 1 Am.
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Action in District Court, McIntosh County, to determine adverse claims. From a judgment in favor of the plaintiff the defendants Hasn and Jones have appealed and demand a trial de novo. It is not necessary that the person signing actually himself affix his signature. If he simply touch the pen or even the hand of another, and the cross is made by his direction or with his acquiescence, the signing is sufficient. Bartlett v. Drake, 100 Mass. 17 5, 1 Am. Rep. 101; Gardner v. Gardner, 52 Am. Dec. 740; Northwestern Loan & Bkg. Co. v. Jonasen, 79 N. W. 840; Conlan v. Grace, 36 Minn. 270, 30 N. W.…
1Opinion of the CourtBronson, J.
This is an action to determine adverse claims. The defendants, Hasn and Jones, appeal from a judgment of the tidal court quieting title in the land involved and declaring the mortgage of such defendants to be not a lien upon such land. A trial do novo is demanded in this court. The facts substantially are as follows:
On June 2, 1909, the plaintiff, the respondent herein, executed a mortgage to the appellants upon 160 acres of land in McIntosh county to secure an indebtedness of $1,175. This mortgage contained a misdescription of the land involved. This mortgage was later foreclosed by action…
2Cases cited1 opinion
- Calmer v. CalmerNorth Dakota Supreme Court · 1906
3Cited by2 opinions
- Cullen v. SullivanNorth Dakota Supreme Court · 1924
- Re SchenumNorth Dakota Supreme Court · 1924