Legal Opinion

Bank of Mowbray v. Kelland

North Dakota Supreme Court

Decided March 15, 1916PublishedCited by 1 opinion

Appeal from the District Court of Cavalier County, Charles M. Cooley, Special Judge. Action to compel the delivery of sheriff’s deed on a mortgage foreclosure sale. Judgment for defendants. Plaintiff appeals. Bedemption from the purchaser of real estate mortgage foreclosure must be made within one year.

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Appeal from the District Court of Cavalier County, Charles M. Cooley, Special Judge. Action to compel the delivery of sheriff’s deed on a mortgage foreclosure sale. Judgment for defendants. Plaintiff appeals. Bedemption from the purchaser of real estate mortgage foreclosure must be made within one year. Franklin v. Wohler, 15 N. D. 613, 109 N. W. 56; Kenmare Hard Coal, Brick & Tile Co. v. Biley, 20 N. D. 182, 126 N. W. 241; Nichols v. Tingstad, 10 N. D. 172, 86 N. W. 694; Laws 1887, § 5151, Comp. Laws 1913, § 7754; Trenery v. American Mortg. Co. 11 S. D. 506, 78 N. W. §91; Johnson v. Day, 2…

1Opinion of the CourtBruce, J.

This action was brought by the Bank of Mowbray against the defendant Kelland as sheriff and Allert and Winter as individuals and copartners for the purpose of requiring the sheriff to issue to the bank a sheriff’s deed upon its redemption of the land described in the complaint. A demurrer to the complaint was sustained by the district court, and from the order sustaining this demurrer, this appeal was taken.

The main question is whether the owners of a second and third mortgage who have not attempted to redeem from the foreclosure of the first mortgage during the year of redemption which is…

2Cited by1 opinion

  1. Warren v. SlaybaughNorth Dakota Supreme Court · 1931

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