American Mortgage Co. v. Mouse River Live Stock Co.
North Dakota Supreme Court
Appeal from District Court, McHenry County; Morgan, J. Action by the American Mortgage Company of Scotland, limited, against the Mouse River Live Stock. Company and others. Judgment for plaintiff, and defendant C. A. Prouty appeals. The law presumes as against an unrecorded mortgage that appellant was a bona fide purchaser for value, without notice. Roll v. Rea, 50 N. J. L. 264; Vest v. Michie, 31 Am.
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Appeal from District Court, McHenry County; Morgan, J. Action by the American Mortgage Company of Scotland, limited, against the Mouse River Live Stock. Company and others. Judgment for plaintiff, and defendant C. A. Prouty appeals. The law presumes as against an unrecorded mortgage that appellant was a bona fide purchaser for value, without notice. Roll v. Rea, 50 N. J. L. 264; Vest v. Michie, 31 Am. Rep. 722; Wood v. Chapin, 13 N. Y. 509; Ryder v. Rush, 102 111. 338; Lacustrine v. Co., 82 N. Y. 476; Holmes v. Stout, 10 N. J. Eq. 419; Coleman v. Barklcw, 27 N. J. L. 357; Marshall v. Dunham,…
1Opinion of the CourtWallin, C. J.
This action is brought to foreclose a mortgage upon certain real estate situated in McHenry county, which mortgage was executed on the 15th day of September, 1886, by the defendant Mouse River Live-Stock Company, a corporation, and was delivered to the plaintiff, in whose favor it was made. This mortgage was filed for record and was recorded in the office of the register of deeds of said county on the loth day of October, 1886, in Book 20 of Mortgages. The complaint states that the defendants Richardson and C. A. Prouty claim an interest in said real' estate as purchasers since the recording…
2Cases cited7 opinions
- Sharon v. Sharon, 11991 (Cal. 7-17-1889)California Supreme Court · 1889
- Emeric v. AlvaradoCalifornia Supreme Court · 1891
- Red River Valley Land & Investment Co. v. SmithNorth Dakota Supreme Court · 1898
- Hurlbut v. HallNebraska Supreme Court · 1894
- Donovan v. St. Anthony & Dakota Elevator Co.North Dakota Supreme Court · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Briedwell v. HendersonOregon Supreme Court · 1921
- Embden State Bank v. SchulzeNorth Dakota Supreme Court · 1923
- Conrad v. AdlerNorth Dakota Supreme Court · 1904
- Croak v. WittemanNorth Dakota Supreme Court · 1945
- Farmers' Equity Exchange v. BlumNorth Dakota Supreme Court · 1917
1 more not listed; retrieve them via the Exa API.