Warren v. Stinson
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Templeton, J. Action by B. F. Warren against Leslie Stinson and others. From a judgment for plaintiff, defendants appeal. This action will not lie. The appropriate remedy being a motion to set aside the sale and to vacate the order of confirmation. The proceedings not being void cannot be attacked collaterally. Wilcox v. Raben, 38 N. W. Rep. 844; Morrow v. Moran, 32 Pac.
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Appeal from District Court, Grand Forks County; Templeton, J. Action by B. F. Warren against Leslie Stinson and others. From a judgment for plaintiff, defendants appeal. This action will not lie. The appropriate remedy being a motion to set aside the sale and to vacate the order of confirmation. The proceedings not being void cannot be attacked collaterally. Wilcox v. Raben, 38 N. W. Rep. 844; Morrow v. Moran, 32 Pac. Rep. 770; Neligh v. Keene, 20 N. W. Rep. 277; Willey v. Morrow, 1 Wash. Ty. 474; 2 Freeman on Ex. 310; Cassidy v. McDaniel, 8 B. Mon. 519; Prather v. Hill, 36 111. 402; Boles v.…
1Opinion of the CourtCorliss, J.
The object of the action the judgment in which is before us for review was to set aside an execution sale and the proceedings subsequent to such sale. The facts do not appear to be in dispute. The premises in question consisted of two quarter sections of land, one of which was owned by H. Edward Anderson, against whom the Altman & Taylor Company held a judgment, and in the other one of which he had an undivided one-half interest. This judgment was a lien on Anderson’s interest in these two parcels of real estate. The plaintiff, Warren, became the owner of this property, subject to this…
2Cases cited11 opinions
- Graffam v. BurgessSupreme Court of the United States · 1886
- Jackson v. LudelingSupreme Court of the United States · 1874
- White-Crow v. White-WingSupreme Court of Kansas · 1865
- Power v. LarabeeNorth Dakota Supreme Court · 1894
- Kœhler v. BallSupreme Court of Kansas · 1863
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- First National Bank v. PaulsonNorth Dakota Supreme Court · 1939
- Brand v. BakerOregon Supreme Court · 1903
- Winslow v. KlundtNorth Dakota Supreme Court · 1924
- Crouch v. Dakota, W. & M. R. R.South Dakota Supreme Court · 1904
- Kinkaid v. RossaSouth Dakota Supreme Court · 1913
3 more not listed; retrieve them via the Exa API.