Wade v. Major
North Dakota Supreme Court
Appeal from the District Court of Slope County, Hon. W. C. Grawford, Judge. The time to redeem from foreclosure and sale should not be extended for the parties to ascertain whether it will be for their interest to redeem ; nor is it a legal cause for extending the time that the mortgagors did not come into knowledge of their rights until too late.
Read the full summary
Appeal from the District Court of Slope County, Hon. W. C. Grawford, Judge. The time to redeem from foreclosure and sale should not be extended for the parties to ascertain whether it will be for their interest to redeem ; nor is it a legal cause for extending the time that the mortgagors did not come into knowledge of their rights until too late. Eastman v. Thayer, 60 N. H. 408; Cilley v. Huse, 40 N. II. 358. The time prescribed in which to exercise the right of redemption acts us a limitation upon the mortgagors, and after that time has expired, the purchaser is entitled to a deed and the…
1Opinion of the CourtRobinson, J.
In December, 1912, the plaintiff made to the first-named defendants a purchase-money mortgage on 320 acres of land in Billings county (W¿ 15-134-100), to secure $1,100, and interest. The mortgage was promptly foreclosed by a sale of the land to the mortgagees on February 26th, 1914, for $1,287.55. In the latter part of February, 1915, to redeem from the foreclosure sale, the plaintiff went from her home in Michigan to Medora, in Billings county, and paid the sheriff of that county the sum necessary to redeem. That was on February 24th, 1915. Then she learned that to redeem she must go to…
2Cited by5 opinions
- Richardson v. PachecoNew Mexico Supreme Court · 1930
- Schmidt v. WorleyWashington Supreme Court · 1925
- Butts v. TellettSupreme Court of Minnesota · 1935
- Gajewski v. BratcherNorth Dakota Supreme Court · 1974
- Gajewski v. BratcherNorth Dakota Supreme Court · 1974