Wilson v. Russell
Supreme Court Of The Territory Of Dakota
Appeal from the district court of Richland county. The material facts are fully stated in the opinion. In foreclosures by advertisement the statute must be strictly complied with.
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Appeal from the district court of Richland county. The material facts are fully stated in the opinion. In foreclosures by advertisement the statute must be strictly complied with. Lee v. Mason, 10 Mich. 403; Doyle v. Howard, 16 Mich. 267; Code Civil Proc. §§ 602, 606, 609, 614 and 611 lay down such procedure; Acknowledgment, §§ 659 and 665, C. C. P. From, the language of the sections of the Code of Civil Procedure, quoted above, it'will be seen that in this class of foreclosures there are three persons who are authorized to make sales, viz.: the person named in the mortgage, the sheriff of…
1Opinion of the CourtFrancis, J.
August 15, 1881, Mary E. Pitcher, being the owner in fee of section 13, in township 136 N., of range 50 W., in Richland county, Dakota, executed a mortgage thereon to one George A. Elder to secure the payment of §2,500, according to the conditions of a certain promissory note of even date therewith, and for a like sum. Said mortgage contained a clause providing, in substance, that if default should be made in the payment of said sum of money, or the interest, or in payment of the taxes, or in the performance of any of the cove*379nants or agreements of the party of the first part therein…
2Cases cited8 opinions
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Jackson ex dem. Scofield v. CollinsNew York Supreme Court · 1824
- Gorham v. GaleNew York Supreme Court · 1827
- Jackson ex. dem. Masten v. BushNew York Supreme Court · 1813
- Tillotson v. CheethamNew York Supreme Court · 1806
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3Cited by15 opinions
- Ron Nord v. Walsh CountyCourt of Appeals for the Eighth Circuit · 2014
- Coates v. SmithOregon Supreme Court · 1916
- Summerville v. SorrensonNorth Dakota Supreme Court · 1912
- Turnquist v. KjelbakNorth Dakota Supreme Court · 1956
- State v. LaFlameNorth Dakota Supreme Court · 1915
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